District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.488/2021.
Date of Institution: 22.09.2021.
Date of Order: 08.09.2022
Mr. Ravinder Sethi S/o Shri Surjit Singh Sethi R/o Flat No. 102, Aspen Tower, Omaxe Forest Spa, Faridabad, Haryana.
…….Complainant……..
Versus
1. Omaxe Limited, Omaxe House 7, Behind Kalkaji Post Office, Kalkaji, LSC, New Delhi – 110 019.
2. Mr. Raju Sharma, Project Incharge, Omaxe Limited, Omaxe House 7, Behind Kalkaji Post Office, Kalkaji, LSC, New Delhi – 110019.
3. Mr. Anuj Jetly, Assistant Manager, Omaxe Limited, Omaxe House 7, Behind Kalkaji Post office, Kalkaji, LSC, New Delhi – 110 019.
4. Mr. Vivek Kantwal, Chief Commercial Manager, Omaxe Limited, Omaxe House 7, Behind Kalkaji post office, Kalkaji, LSC, New Delhi – 110 019.
5. Mr. Manish, Assistant Manager, Omaxe Limited, Omaxe House7, Behind Kalkaji Post Office, Kalkaji, LSC, New Delhi – 110 019.
6. Mr. Rohtas Goel, Managing Director, Omaxe Limited, Omaxe House 7, Behind Kalkaji Post Office, Kalkaji, LSC, new Delhi -110 019.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana…………Member.
PRESENT: Sh. Inderjeet Singh, counsel for the complainant.
Sh. Parveen Gupta, AR on behalf of opposite parties Nos.1 to 6 alongwith counsel Shri A.K.Mittal.
ORDER:
The facts in brief of the complaint are that the complainant had purchased a flat bearing No. 102, Aspen Tower, Omaxe Forst Spa from opposite parties i.e. company Omaxe Limited in the month of February 2019 at the price of Rs.2,75,00,000/-. At the time of purchase, opposite parties assured of high standard and elite quality of construction material used and the furnishings of the aforesaid flat to the complainant. After the purchase of the aforesaid flat and receiving full and final payment from the complainant, opposite parties assured to handover the flat’s possession after making thorough inspection and completing all the required final fitments & accessories. The opposite party handed over the possession of the aforesaid flat on 12th September 2019. To the utter shock and surprise of the complainant, the quality of the material used was of inferior grade and from the day one and the complainant started facing multiple issues in the flat immediately after taking handover of the flat. The complainant apprised opposite parties/company of the fact telephonically and also sent multiple emails to opposite parties/company time and again but still the problems were not rectified in toto. The opposite parties gave no heed to the multiple calls and email of the complainant. Till date opposite parties were unable to provide a proper
explanation and timely resolutions of the problems raised by the complainant on various emails. The complainant sent a legal notice dated 26.2.2020 to the opposite parties but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) Reimburse the cost of Rs.2,23,905/- already spent by the complainant in repair work performed in the flat due to no response from the opposite parties alongwith the pendent lite and future interest @ 18% p.a.
b) Rectify, replace and fix all the pending issues/complaints reported by the complainant just after getting the possession of the flat.
c) pay Rs.10,00,000/- as compensation for causing mental agony and harassment .
d) pay Rs. 25,000 /-as litigation expenses.
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that the complainant had not come with clean hands and he had suppressed material facts form this Hon’ble Commission. Vide application form-cum-pricing agreement dated 28.02.2019 complainant alongwith his wife – Jatinder Kaur applied for allotment of Residential Apartment Unit No. TFF/ASPEN/FIRST/102 in the project “The Forest SPA Faridabad”, situated at Sector-43, Surajkund Road, Faridabad that Builder Buyer Agreement between Omaxe Forest Spa & Ho;;s Developers Ltd.. and Mr. Ravinder Deep Singh Sethi & Mrs. Jatinder Kaur for the Unit No. TFF/ASPEN/FIRST/102 in the project “The Forest SPA Faridabad”,
situated at Sector-43, Surajkund Road, Faridabad was made at New Delhi on 15.04.2019 as per terms & conditions stated therein. Vide letter dated 24.04.2019 Omaxe Forest Spa & Hills Developers Ltd. Offered possession of said apartment upon compliance of necessary formalities by the complainant including payment of balance sale consideration as stated in the statement of account annexed with the said letter within 30 days from the date of the letter. And that vide reminder letter dated 04.05.2019 and also vide reminder letter dated 04.06.2019 the complainant was requested to clear all dues alongwith interest charges at the earliest. Vide certificate of acknowledgement of possession dated 12.09.2019 physical possession of the apartment was given to the complainant and his wife Jatinder Kaur and that reserved car parking space was also handed over to the complainant and his wife and that energy meter was also handed over to the complainant and his wife vide letter dated 12.09.2019. Claim of the complainant was against the terms & conditions of the Builder Buyer Agreement between the parties. Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties–Omaxe Limited & Ors. with the prayer to: a) Reimburse the cost of Rs.2,23,905/- already spent by the complainant in repair work performed in the flat due to no response from the opposite parties alongwith the pendent lite and future interest @ 18% p.a. b) Rectify, replace and fix all the pending
issues/complaints reported by the complainant just after getting the possession of the flat. c) pay Rs.10,00,000/- as compensation for causing mental agony and harassment . d) pay Rs. 25,000 /-as litigation expenses.
The complainant has made a stated on 15.02.2022 that the complaint and documents already filed alongwith the complaint be read as his evidence.
On the other hand counsel for the opposite parties strongly agitated
and opposed. As per the evidence of the opposite parties, Ex.RW1/A - affidavit of Praveen Kumar Gupta, Authorized person of M/s. Omaxe Limited, Omaxe House, 10 Local Shopping Centre, Kalkaji, New Delhi,, Ex.R1(Colly) – application form cum pricing agreement,, Ex.R2 – letter dated 24.4.2019,, Ex.R3 – statement of account, Ex.R-4 & 5– reminder letter regarding clear all dues alongwith interest, Ex.R-6 – agreement dated 15.04.2019,, Ex.R-7 – Adhaar card, Ex.R-8 -driving licence, Ex/R-10 – letter regarding request for offer of temporary possession of flat bearing No. 102, having super area approx., R-11 & 12– Handing over of energy meter, Ex.R-13 – Annexure A (Part-iii), Ex.R-14 – Certificate of acknowledge of possession.
6. It is evident from certificate of acknowledgement of possession dated 12.09.2019 vide Ex.R-14 at the time of taking the possession of the flat in question duly signed by the complainant, the complainant has not raised any objection. Hence no deficiency in service on the part of opposite party
is proved.
7. As per dictum of Section 69 of Consumer Protection Act 2019, the District Commission is empowered to admit a complaint within two years from the date on which the cause of action has arisen. The present complaint is time barred as the cause of action arose on 12.09.2019 and the present complaint has been instituted in the year 22.9.2021 after a gap of 10 days.
8. Resultantly, the complaint is dismissed being time barred. Copy of this order be given to the parties free of costs and file be consigned to the record room.
Announced on: 08.09.2022 (AmitArora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
