Haryana

StateCommission

CC/90/2014

Rani Mallik - Complainant(s)

Versus

Omaxe Limited - Opp.Party(s)

03 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

                                                Complaint No.90 of 2014

                                             Date of Institution:08.09.2014

          Date of Decision: 03.02.2017

 

Rani Malik wife of Shamsher Singh, being LR on the basis of Will of her mother Mrs. Suraj Kaur wife of Major Mukhtiar
Singh, R/o H.NO.192, Panchi Gujran, Gari Gulama, Gannaur-131101, District Sonepat, Now resident of House NO.BC-7/D, DDA Flats, First Floor, Munirka, New Delhi 110067.

…..Complainant

 

Versus

 

1.      Omaxe Limited, Registered office at : Omaxe House, 7, Local shopping Center, Kalkaji, New Delhi-110019, through its Manager.

2.      Omaxe city, NH-10, Opposite Tilyar Lake, Delhi-Rohtak road, Haryana, through its Manager.

          …..Opposite Parties

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                   Mrs.Urvashi Agnihotri, Member.                                    

For the parties:  Mr.Surinder Saini, Advocate counsel for the complainant.

                             Mr.Bhupender Singh, Advocate counsel for opposite parties.

 

 

O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER :-

          It is alleged by the complainant that  her mother Suraj Kaur booked plot measuring 300 sq. yards with opposite parties (O.Ps.) @ Rs.6977/- and paid Rs.Four lacs against the booking as mentioned in Para NO.1 of the complaint. Documents were got thumb mark from Suraj Kaur  because she was illiterate.  The payment plan given to her was under:-

“At the time of booking/allotment	20% of basic sale price
Within 60 days from booking/allotment	15% of BSP + other charges
Within 3 months of Booking/Allotment	15% of BSP + other charges
Within 6 months of Booking/Allotment	15% of BSP + other charges
Within 9 months of Booking/Allotment	10% of BSP
Within 12 months of Booking/Allotment	10% of BSP
Within 15 months of Booking/Allotment	10% of BSP  +Club Membership
On offer of possession	5% of BSP + All other charges.”

She paid four installments on 02.03.2009, 18.06.2009, 28.07.2009 and 08.07.2009 total amounting to Rs.18,23,600/-. As she was not  having good health, she executed will in her favour on 23.10.2009. Unfortunately she expired on 17.02.2010 and installments could not be paid. This fact was brought to the notice of O.ps. vide letter dated 11.05.2010 and requested to grant more time to make payment, but, O.Ps. cancelled allotment and forfeited the amount already paid by them as mentioned in letter dated 12.12.2011. She  wrote letter on 28.05.2012 to O.Ps. to supply photocopy of allotment letter, details about payments already made etc, but, to no use.  Later on she paid Rs.23,69,599/-, as detailed in para No.5 of the complaint and cleared all the dues.  Statement of account was issued under the signatures of Rituja Singh.  When they came  to know about death of her mother they sent revised letter dated 07.09.2013 demanding Rs.19,66,130.96 paise alongwith registration charges to the tune of Rs.Two lacs on the ground of  increased area by 76.97 sq.yards.  This demand was altogether un-reasonable because Rs.23/- lacs were demanded for 300 sq. yards whereas aforesaid amount was demanded for Rs.77/- sq. yards. She raised objection about this demand and requested to change her name in place of her  mother on the basis of the will.  O.Ps. threatened to cancel allotment and forfeit the money already deposited in case payment about increased area and registration charges is not paid.  She was undergoing treatment in the hospital and informed O.ps. Vide letter dated 14.03.2014 they were requested to extend time for payment, but, to no use.  O.ps. be directed to withdraw revised payment letter dated 07.09.2013 and give compensation of Rs.1,00,000/- on account of cause harassment, mental pain, agony and humiliation besides Rs.22,000/- as litigation charges, as mentioned in prayer clause of the complaint.

2.      In reply it was alleged by O.ps. that complaint was beyond pecuniary jurisdiction of this commission. As the complainant has raised plea about fraud and cheating, the matter should have been agitated before the civil court. However it is admitted that property was booked in the name of Suraj Kaur and following payments were made till 28.07.2009 as detailed below:-. 

“Date	Amount (Rs)	Receipt No.
19.03.09	4,00,000/-	346183
18.06.09	5,50,000/-	360117
28.07.09	2,50,000/-	367355
28.07.09	6,23,600/-	367357
Total	18,23,600/-

When nothing was deposited thereafter so many letters were written and ultimately allotment was cancelled vide letter dated 12.12.2011. Thereafter S.S.Malik, husband of complainant came to their office on 29.05.2012 and told that his mother-in-law i.e.Suraj Kaur was not well and could not come to office. It was told to him that Rs.7,93,390/- were due.  On 30.05.2012 he came to their office and deposited Rs.3,00,000, Rs. 2,48,390/-, Rs.3,00,000/- and Rs.2,45,000/- respectively without disclosing about death of Suraj Kaur.  He was telephonically informed to get the builder Buyer’s agreement executed from Suraj Kaur and  he collected two copies of agreement. At the time of offer of possession it was found that actual area was 376.975 sq. yards that is why letter dated 07.09.2013 was sent to deposit Rs.19,66,130/- as per clause-8 of the agreement.  Information about registration of plot etc. was also given.  On 20.11.2013 husband of complainant informed them for the first time about death of Suraj Kaur and handed-over  a letter singed by complainant. Check list of documents was also handed over to him as mentioned in reply. Instead of completing formalities she has filed this complaint. If complainant wants to inherit property of  Suraj Kaur, she should have given details of all  heirs and submitted their no objection certificate and obtain succession certificate from the competent court of law. She is concealing true facts just to put blame upon them.  It appears that complainant and her husband have obtained thumb mark on the Will just to grab this property.  There was no deficiency in service on their part. So complaint be dismissed.

3.      Arguments heard. File perused.

4.      Learned counsel for the complainant vehemently argued that as per admission of O.ps. it is clear that she has already deposited Rs.2916990.  As per buyer’s agreement Ex.C-6 area of flat was to be 300 sq. yards, whereas now O.Ps. are demanding value of 376.97 sq. yards and that too at the present rate, of which they are not entitled. Suraj Kaur also executed will in her favour. Information about death was sent to O.Ps. vide letter dated 11.05.2010 and it cannot be alleged that they were kept in dark. So complaint be allowed and she be awarded relief as prayed for. 

5.      This argument is devoid of any force. As per averments of complainant, Suraj Kaur died on 17.02.2010. Then how agreement Ex.C-1 dated 10.05.2013 came into existence. This copy is produced by complainants and shows that they were aware about the date of this agreement.  It is well settled proposition of law that  any agreement with dead person is void  abinitio. So complainant cannot ask consumer fora to act upon the same.  In these circumstances she cannot ask to allow his complaint on the basis of alleged will dated 02.10.2012 alleged to be executed by Suraj Kaur. When O.ps. have objected about validity of this Will she should have impleaded other heirs as party to show whether they are having any objection or not.  When complainant entered witness box it was stated by her in cross-examination that she was not able to tell or sure whether will was bearing thumb impression of her mother or not, when she is not  sure about thumb impression of her mother on this document, how she can lay claim. In such a situation she should have approached regular civil court for declaration about right  over the property of Suraj Kaur.   Looking into all these aspects, the complaint is hereby dismissed.

February 03rd, 2017

Mrs.Urvashi Agnihotri Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.