DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No.177/2019

QUORUM:

Judgment by: Shri Ravi Kumar (Member)

JUDGMENT

The Complainant has alleged deficiency in service on the part of OP in not handing over the possession of the plot No.A-55 booked by him in the Project of OP despite of making substantial payment towards the same.

The complainant in his complaint has alleged that he was allured by the OP to book a residential plot in their project Parnal Infra. Tech. Pvt. Ltd. located on main Yamuna Expressway. At that time, the OP had given a very rosy picture about their project by stating that it had Gymnasium, Club House, Children Play Area, 24X7 water supply and power backup etc. The Complainant booked a plot bearing No.A-55 measuring 100 square yards having total cost of Rs.9,63,000/- and he paid Rs.539500/- towards the same.   

The Complainant was assured by the OP that the developed plot as booked by the complainant shall be handed over by April 2015.

The Complainant was staying in Ashok Vihar Delhi and it was difficult for him to visit the project of the OP and he was relying upon the assurances made by the OP. However when the Plot in question was not offered to be handed over to the complainant and on the visit made by the complainant he found that there is no development in the area of the project. On seeing the status of the Project, the complainant requested the OP to cancel the booking and return the amount.  However, OP failed to return the amount resulting in filing of the complaint before this Commission wherein the complainant has sought following reliefs:

• To direct the Opposite Party to return the paid amount Rs.5,39,500/- along with interest @ 24% per annum.
• Direct the Opposite Party to pay Rs 2,00,000/- as compensation in delaying the allotment and possession of the Plot to the complainant and Rs.20,000 p.m till the relief is granted.
• Direct the Opposite Party to pay amount of Rs. 1,00,000/- to the complainant for mental agony and harassment.
• To pass such other orders as may deemed fit and necessary.
• To award cost and miscellaneous expenses incurred in filing complaint and during the disposal of the present complaint in favour of the complainant and against the Opposite Party.
• To award any other relief or reliefs in favour of the complainant and against the Opposite Party which this Commission may deem fit and proper in the facts and circumstances of this case in the interest of justice.

Notice was issued and OP was served on 10.02.2022 however no reply was filed by the OP and they were proceeded ex-parte on 04.05.2022.  

Complainant has filed his evidence by way of affidavit wherein following documents have been marked as exhibit:

• The copy of price list as exhibit CW-1/1.
• The copy of cheque dated 22.11.2012 for Rs.83,000/- as exhibit  CW-1/2.
• The copy of Application Form Receipt dated 23.11.2012 as exhibit  CW-1/3.
• The Copy of Receipt dated 22.11.2012 as exhibit  CW-1/4.
• The copy of confirmation letter along with annexure as exhibit  CW-1/5.
• The Copy of Demand Letter dated 22.11.2012 is exhibited as  CW-1/6.
• The Copy of Receipt dated 24.01.2013 is exhibited as CW-1/7.
• The copy of Confirmation letter dated 09.05.2013 as exhibit CW-1/8.
• The copy of Demand letter dated 17.06.2013 as exhibit CW-1/9.
• The copy of receipt dated 22.08.2013 as exhibit CW-1/10.
• The copy of Confirmation letter along with account detail dated 24.08.2013 as exhibit CW-1/11.
• The copy of receipt dated 08.10.2013 as exhibit CW-1/12.
• The copy of letter dated 09.10.2016 as exhibit CW-1/13.
• The Copy of letter dated 20:10 2016 as exhibit CW-1/14.
• The Copy of proof of service i.e. the tracking report as exhibit CW-1/15.
• The Copy of 1D proof of the Complainant as exhibit CW-1/16.
• The copy of brief information of M/s Parnal Infratech as exhibit CW-1/17.  

This Commission has heard the arguments and perused the record. The OP is ex-parte.  

The Complainant has filed the copy of Application form which received by OP on 23.11.12 which shows that OP had booked plot No.A-55 measuring 100 sq. yards in favour of the complainant. The cost of the plot was Rs.963000/- and the OP had received payment of Rs.539500/- upto 08.10.2013 from the complainant for which complainant has enclosed the payment receipts. Thereafter there was no demand by OP for making further payment from the Complainant nor any offer  of possession was made to them. Complainants were only assured that Project was being developed.

The complainant when did not find any progress on the project of the OP wrote to OP on 10.10.2016 that possession of plot booked by him be given but there was no reply to the same. He requested the OP to cancel the booking of the Plot No.A-55 and return the amount then also no positive steps were taken by the OP and the amount was not refunded.

From the facts of the case it is apparent that after receiving amount of Rs.539500/- from the Complainant in 2013 there was no development in the Project and on requesting for cancellation of the booking of the Plot and for of the refund the amount there was no positive response. Thereafter till date OP has neither demanded further payment nor made offer of possession of the Plot nor refunded the amount which amounts to deficiency in service on the part of OP.

The case of the complainant otherwise also goes unrebutted as there is no reply filed by the OP and OP is running ex-parte. 

Hon’ble Supreme Court in Civil Appeal no.6044 of 2019 in Expersion
Developers Pvt. Ltd. Vs. Sushma Ashok Shiroor has held that ‘Consumer Courts have power to grant relief to aggrieved Flat Buyers because of delay in delivery of Apartment and Consumer Courts, therefore have the power to direct refund and compensation to a consumer for the deficiency in delivering the Apartment in accordance with the terms of Agreement’. 

Following the above said judgment of the Hon’ble Supreme Court this Commission holds that complainant is able to establish deficiency in service on the part OP and orders as follows:

• OP shall return Rs.539500/- to the complainant along with interest @ 9% p.a. from the date of each deposit.
• OP shall pay Rs.25,000/- to the complainant for mental harassment and agony. 
• OP shall pay Rs.10,000/- towards the legal expenses to the complainant.    

This order shall be complied within 30 days from the date of receipt of the order failing which OP shall pay interest @ 12% p.a. on all the above amounts till the date of realization.   

Copy of the order be supplied / sent to the parties free of cost as per rules.                                            

File be consigned to Record Room. 

Announced on 28.05.2024.