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.506/2013
MRS. DEEPSHIKHA GUPTA
B-278, VIVEK VIHAR, DELHI-110095
…………. COMPLAINANT
Vs.
M/S OMWAY BUILDESTATE PVT. LTD.,
(OMWAY INDIA GROUP)
3 L.S.C. SHARDA COMPLEX,
K-BLOCK, KALKAJI, NEW DELHI-110019
…………..RESPONDENT
AND
Case No.314/2012
SH. MAHENDRA NATH YADAV
S/O SH. K.R. YADAV
6-C, 395, YAMUNA VIHAR, DELHI-110053
…………. COMPLAINANT
Vs.
M/S OMWAY BUILDESTATE PVT. LTD.,
(OMWAY INDIA GROUP)
3 L.S.C. SHARDA COMPLEX,
K-BLOCK, KALKAJI, NEW DELHI-110019
…………..RESPONDENT
Date of Order:15.09.2016
O R D E R
A.S. Yadav – President
By this order we shall dispose of the aforesaid complaints as the common question of fact and law is involved. For the sake of reference, facts of Case No.506/13 are detailed.
In brief the case of complainant is that she booked a plot in the future project of OP at Alwar, Rajasthan and made initial payment of Rs.2 lakhs against total cost of the plot which was fixed at Rs.7,20,000/-. Complainant was assured that the plot would be allotted within six months of booking. Thereafter, complainant made subsequent payments of Rs.1,33,000/- and Rs.2,20,000/- and she was told to make remaining payment at the time of handing over of the possession of the plot. However, no allotment was made.
It is further stated that complainant visited the office of OP to inquire about the status of the project, however, she was shocked to hear that the development work is at the initial stage and OP company has not till date got clearances from various departments of Rajasthan Government. Complainant requested number of times to OP to either to allot the plot or to refund the amount however, the same was not done. It is stated that it is a clear cut case of deficiency in service on the part of OP. It is prayed that OP be directed to refund Rs.5,53,000/- alongwith interest @ 18% p.a. and also pay Rs.50,000/- for deficiency in service, Rs.50,000/- for compensation and Rs.20,000/- for litigation expenses.
OP in reply took the plea that this Forum has not got territorial jurisdiction to entertain the present complaint as the plot is situated at Alwar, Rajasthan. It is stated that there was no deficiency in service on the part of OP. It was submitted that complainant was required to sign the application upon the receipt of intimation for allotment of Unit, however, complainant never turned up to sign the same and the complainant was not regular in making payment. It is further submitted that OP has sent letter dated 14.2.07, 05.7.07, 25.07.07 and 09.08.07 calling upon complainant to make the payment, however complainant has not made the payment. Hence OP was constrained to send a notice for cancellation dated 22.03.10 calling upon complainant to make the payment of Rs.2,20,000/- within seven days.
It is further stated that after cancellation of the said Unit, complainant approached the OP on 10.04.10 and OP duly informed the complainant about the cancellation of the Unit. Complainant requested OP to consider her case of allotment in the subsequent project(Phase-II) of OP which was not launched at that stage. Complainant further made payment of Rs.2,20,000/- on 10.04.10. It is further stated that the said project i.e. Phase-II has not been approved so far and as such the OP cannot allot any plot to the complainant at this stage and OP is ready to refund the amount of complainant. It is submitted that there was no deficiency in service on the part of OP.
It is also stated that the last payment was made on 10.04.10 and the present complaint has been field on 25.09.13 and the same is barred by limitation.
In rejoinder, complainant has specifically denied that the further payment was made towards the future project. It is further submitted that OP assured in writing that the plot would be allotted within six months from the date of advance registration but no plot was allotted.
We have heard Ld. Counsel for the parties and carefully perused the record.
In fact OP has created a false story about receipt of amount of Rs.2,20,000/- on 10.04.10 in respect of the subsequent project which was to be launched by OP. If the OP has cancelled the allotment vide cancellation notice dated 22.03.10, where was the occasion of accepting the aforesaid amount on 10.04.10 in respect of some subsequent project. OP has not filed any document on record to show that this sum of Rs.2,20,000/- was accepted on 10.04.10 in respect of subsequent project. It is significant to note that complainant has categorically stated that the total cost of the plot was Rs.7,20,000/- and OP has already received Rs.5,53,000/- from complainant without even allotting, what to talk of the possession of the plot. It is a clear cut case of deficiency in service on the part of OP.
So far as territorial jurisdiction of this Forum is concerned, it is significant to note that the application for allotment was received in the branch office of OP and all the payments were received in the branch office of the OP which is within the territorial jurisdiction of this Forum hence this Forum has got the territorial jurisdiction to entertain the present complaint.
There is no question of complaint being barred by time. Neither the amount has been refunded nor the allotment of the plot has been cancelled. It is a clear cut case of deficiency in service on the part of OP.
In case No.506/13, OP is directed to refund Rs.5,53,000/- to complainant alongwith interest @ 9% p.a. from January 2011. OP is further directed to pay Rs.20,000/- towards compensation and Rs.5,000/- towards litigation expenses.
In case No.314/12, OP is directed to refund Rs.5,55,000/- to complainant alongwith interest @ 9% p.a. from January 2011. OP is further directed to pay Rs.20,000/- towards compensation and Rs.5,000/- towards litigation expenses.
Let the order be complied with 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) (RITU GARODIA) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
