CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.221/2010
SH. SACHIN BHARGAVA
S/O SH. RAJESHWAR DAYAL BHARGAVA
R/O C-67, ASHOKA ENCLAVE,
PART II, SECTOR 37,
FARIDABAD
…………. COMPLAINANT
VS.
OMAXE LTD.(FORMERLY OMAXE CONSTRUCTION LTD.)
OMAXE HOUSE, 7 LSC
KALKAJI,
NEW DELHI-110019
…………..RESPONDENT
Date of Order: 09.11.2015
O R D E R
A.S. Yadav – President
The case of the complainant is that he applied for allotment of a flat in the residential project of OP on 12.9.2005 and had deposited a sum of Rs.3 lakhs with OP alongwith application. He further deposited a sum of Rs.2,00,500/- by way of cheque on 01.5.2006. As such complainant has deposited a sum of Rs.5,00,500/- with OP. OP allotted flat No.404 at fourth floor in Babylonian Tower in “Omaxe Heights” Omaxe City Project at Sonepat.
It is further stated that thereafter OP changed the original allotment and allotted flat No.704 in Panoroma Tower on seventh floor in Omaxe Heights Sonepat. OP informed about the change in the allotment vide letter dated 04.12.2007. The said change was made by OP without the approval of complainant. OP vide letter dated 14.2.2008 demanded further instalment in respect of flat No.704. Complainant vide letter dated 16.4.2008 informed OP that he is not interested in flat no.704 in Panoroma Tower and only interested in the original allotted flat No.404 in Babylonian Tower. Complainant further stated in the said letter that if the said allotment cannot be made to him then OP should return the amount paid by complainant alongwith interest from the date of payment. OP instead of giving reply to the said notice demanded further instalment vide letter dated 09.5.2008. Complainant again sent a letter dated 26.5.2008 to OP reiterating that he is not interested in the alternative allotment. OP did not reply to the said letter and again demanded due instalment vide letter dated 07.6.2008 and 16.7.2008. Complainant again sent a letter dated 07.8.2008 to OP referring about his previous letters and again stated that he is only interested in the original allotted flat No.404. OP again illegally demanded the instalment in respect of flat No.704. Complainant again sent a letter dated 08.7.2009 to OP referring to the letter dated 06.3.2009 and demanded Rs.5,00,500/- alongwith 18% interest from the date of payment. OP vide letter dated 26.10.2009 and 28.10.2009 has shown its inability to refund the amount deposited by complainant. Complainant again sent a letter dated 29.1.2010 with the request to return the amount. OP vide letter dated 08.9.10 intimated that Babylonian Tower is under construction and it will take some time and the construction of Panoroma Tower is about to complete. Complainant vide letter dated 11.02.2010 again informed OP that he is not interested in alternative allotment.
On 11.03.2010 complainant received a letter from OP regarding cancellation of allotment and forfeiture of amount of Rs.3 lakhs paid by complainant. OP has wrongly mentioned the amount deposited by complainant. In fact complainant deposited a sum of Rs.5,00,500/-. It is stated that there was no deficiency in service on the part of OP. It is prayed that
OP in the written statement has not disputed that initially complainant was allotted flat NO.404 at fourth floor in Babylonian Tower. However it is stated that the same was tentative subject to change at the discretion of OP. There was no deficiency in service on the part of OP. In fact complainant has failed to comply with his part of the contract and has not made payment as per the schedule. It is prayed that the complaint be dismissed as there is no deficiency on the part of OP.
It is an admitted fact that complainant paid a total sum of Rs.5,00,500/- and he was allotted flat No.404 at fourth floor in Babylonian Tower. It is admitted fact that the allotment of the flat was changed from 404 Babylonian Tower to 704 Panoroma Tower without the consent of the complainant. It is proved on record that complainant has written number of letters to OP protesting the change in the allotment and asked for the refund of the amount. It is proved that OP has not replied to any of the letters of complainant regarding change in the allotment of flat. It is submitted by Ld. Counsel for OP that it was within the right of OP to change the allotment of flat.
We are not impressed by the contention of OP. OP was bound to inform the complainant as to what compelled them to change the allotment of flat. Initially the complainant was allotted the flat in one block at fourth floor and thereafter another block at seventh floor. Naturally the change was vital and the complainant was not interested in the same and demanded for the refund of the amount. It is proved from the letter dated 08.2.10 that in fact vide letter dated 08.10.2010, OP has informed complainant that construction in Babylonian Tower will take some more time to complete and further the construction in Panoroma Tower is in full swing and for that they will offer possession tentatively in April 2010. So admittedly the construction in Babylonian Tower was not complete. There was no fault on the part of complainant. Since allotment of the flat was changed without the consent of the complainant and complainant was not interested in the changed flat, he rightfully asked for the refund of the amount as there was deficiency in service on the part of OP.
OP is directed to refund a sum of Rs.5,00,500/- alongwith interest @ 10% p.a. from the date of payment. OP is further directed to pay Rs.5,000/- as compensation and Rs.5,000/- towards litigation expenses.
Let the order be complied within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
