Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 197.
Instituted on : 23.04.2019.
Decided on : 16.09.2022.
Pushpa Devi age-39 yrs. W/o Sh. Ram Kishan Ahlawat R/o H.No. 3511/2445, Main Bus Stand, Beri Road, Dighal, Distt. Jhajjar
………..Complainant.
Vs.
- Omaxe Ltd. Corporate Office at Omaxe House, 7, Local Shopping Centre Kalkaji, New Delhi through its Managing Director.
- Omaxe Ltd. Regd. Office at Shop No. 19B, Omaxe Celebration Mall, Sohana Road, Gurugram, through its Manager.
- Omaxe City, Happy Homes-II, Sector 28, Rohtak through its Manager.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.Naresh Kumar, Advocate for the complainant.
Sh. A.S.Malik, Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per complainant are that he had applied to opposite parties for purchase of a residential flat at ground floor measuring 1450 Sq.feet with basic sale price @ Rs.2200/- per Sq. Feet and external development charges in the said project and made a payment of Rs.3,95,000/- vide receipt no.1056213 dated 06.05.2014 on account of advance registration charges which included Rs.50,000/- for club membership. At the time of booking, it was assured by the opposite parties that they will deliver fully constructed flat to the complainant within 30 months from the date of execution of allotment letter. Till 2016, the complainant visited the proposed site many times but he was shocked to notice that construction work was not commenced till then. As such he approached the opposite parties and inquired about the project and he was again assured by the opposite parties that construction will start very soon. Thereafter complainant approached to opposite parties many times but every time they gave false assurances that the project is going to be completed within a short period. But till date no construction work is started at the site. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the deposited amount alongwith interest @ 24% per annum from the date of deposit till actual realization, Rs.50,000/- as compensation on account of mental agony and harassment and also to pay Rs.25,000/- on account of litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that after going through the tentative plans and agreeing to the terms and conditions, the complainant through a property agent voluntarily got herself registered with the opposite party for booking of a residential unit in the upcoming project of opposite parties. It is denied that opposite parties assured the complainant that the possession of the unit will be handed over within a period of 30 months. The development was to be commenced after receipt of approval with respect to building plans from the concerned competent authority and the complainant was duly informed about the same. The complainant was also informed at the time of registration that plans and designs of the project were purely tentative subject to approval by the concerned authorities. It is denied that complainant suffered a great mental agony and sufferings at the hands of the respondents. It is also submitted that the complainant is merely an investor who has invested in a real estate project in order to earn profit and now due to adverse market conditions filed the present complaint. That there is no deficiency in service on the part of opposite parties and it is prayed that complaint may kindly be dismissed against the opposite parties.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, document Ex.C1 to Ex.C5 and has closed his evidence on dated 26.10.2020. Ld. counsel for the opposite parties has tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R13 and closed his evidence on 11.04.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that the objection as to commercial purpose was taken by the OPs in their written statement but OPs failed to place any cogent evidence or material which could prove that the flat was purchased for commercial purpose. As per receipt Ex.C2, an amount of Rs.3,95,000/- has been deposited by the complainant towards registration amount of flat to the opposite party. The contention of ld. counsel for the complainant is that opposite party company breached the terms of agreement and has not started the construction work at site. The payment was made by the complainant in the year 2014 and thereafter neither any correspondence regarding the construction of unit nor the amount has been refunded to the complainant. As such there is deficiency in service on the part of opposite parties and the opposite parties are liable to refund the amount alongwith interest and compensation to the complainant.
7. In view of the above, complaint is allowed and we hereby direct the opposite parties to refund the amount of Rs.3,95,000/-(Rupees three lacs ninety five thousand only) alongwith interest @ 12% p.a. from the date of payment to the opposite parties till its realization and shall also pay a sum of Rs.25000/-(Rupees twenty five thousand only) as compensation on account of deficiency in service and litigation expenses to the complainant within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
16.09.2022
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Nagender Singh Kadian, President
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Tripti Pannu, Member
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Vijender Singh, Member.
