District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No. 478/2020.

 Date of Institution:11.12.2020.

Date of Order:18.04.2023.

Nand Kishor Dwevedy son of Shri Bacha Dwevedy, resident of H. No. 927, Gali No.3, Bhoor Colony, Sector-29, Faridabad (G.P.A. Holder of Sonu son of Shri Banarsi Dass, R/o V & P.O Teontha, Tehsil Pundri, Distt. Kaithal).

                                                          …….Complainant……..

                                                Versus

1.                Parv Group Real Estate & Developers, Sawaria Associates, Office NO.2, Opp. Aravali School, Sector-81, Avenue Road, grater Faridabad, Mobile No. 7840006106 through its authorized person Raj Sawaria.

2.                Raj Sawaria, Authorized person of Parv Group Real Estate & Developers,  Sawaria Associates, R/o House No. 712, Raja Garden, Near Sarvodaya Hospital, Old Faridabad.

                                                                              …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.  Sanjeev Chaudhary , counsel for the complainant.

                             Sh. Sarvesh Kaushik , counsel for opposite party.

ORDER:  

                   The facts in brief of the complaint are that  the complainant applied the BPL flat at Housing Board, Haryana vide application NO. 47576 in the year 2013 and the draw was held on 12.5.2014 and the complainant declared successful in the draw.  In this regard the Housing Board Haryana issued a letter for allotment of BPL flat at Faridabad Provn. Reg. NO. FBD/BPL/HGB/14528, Final regn. No. 1477 vide Memo No. HBH/CRO (PM)/2014/19776 dated 17.7.2014 to deposit a sum of Rs.44,000/- on account of amount payable after draw of lots within 30 days from the issue of this letter alongwith required documents. As per the instruction of the Housing Board, Haryana the complainant paid rs.45,000/- vide D.D NO. 068244 dated 7.10.2014 drawn on Central Bank of India, Sector-15, Faridabad alongwith relevant documents.  The opposite parties had allotted a residential BPL flat at Faridabad, Haryana vide allotment dated 17.7.2014 draw of lots date 12.5.2014, Haryana memo NO. HBH/CRO (PM)/2014/19776, Provn. Regn. NO. FBD/BPL/HGB/14528, Final Regd. NO. 1477 to Mr. Sonu son of Shri Banarsi Dass, Rsident of V & P.O. Tecontha, Tehsil Pundri, Distt. Kaithal, Haryana.  The said Shri Sonu appointed the complainant as General Power of Attorney Holder  vide G.P.A, NO. 1594 dated 22.4.2016 registered in the office of the Joint Sub Registrar, Noida U.P. The allotted rate of the above said flat was Rs.4,40,000/-.  The opposite parties/builder issued payment and possession schedule according to the schedule the total value of the flat was Rs.4,40,000/- and according as per the schedule the complainant deposited the amount with the opposite parties. In the schedule it was clearly mentioned that the opposite parties would handover the possession of the flat till 2016.  Hence, the complainant had paid the payment of the above said property and till date the complainant had paid Rs.3,30,000/- to opposite parties. The complainant had

deposited Rs.45,000/- to Housing Board, Haryana and the opposite party received token & EMI amounting to Rs.85,000/- from the complainant vide S.No. 007 dated 17.02.2015 and paid Rs.2,00,000/- vide receipt S.No.006 dated 6.2.2016.  The opposite parties issued receipts in favour of the complainant regarding receiving the amount as the complainant was the GPA.  Since 2016 opposite parties had not handed over the possession of the above said property to the complainant.  The complainant sent legal notice  dated 30.10.2020 to the opposite party  through registered post 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 party to:

a)                handover the actual physical of the property to the complainant or to pay the amount of Rs.3,30,000/- alongwith interest @ 18% p.a. from the date of receiving till actual realization.

b)                pay the heavy penalty amount as the Hon’ble Commission may deem fit and proper.

 c)                pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .

d)                 pay Rs. 31,000 /-as litigation expenses.

2.                Opposite party put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that opposite party No.2 was a property dealer/agent and engaged in sale-purchase of property on commission basis in the name & style Sawaria Associates.  In the month of January, 2015 complainant-Nand Kishor met with opposite party No.2 and told that he was interested to purchase a flat of Housing Board Colony.  Opposite party No.2 told to the complainant – Nand Kishor that one Sonu S/o Shri

Banarsi Dass VPO Teontha, Tehsil Pundri district  Kaithal who had been allotted a BPL flat at Faridabad from Housing Board Haryana, Plot No. C-15, Awas Bhawan,  Sector-6, Panchkula, Haryana vide allotment dated 12.05.2014 and he wanted to sell his allotted flat.  The said Sonu had already paid a sum of Rs.88,000/- to the department i.e Housing Board Haryana.  The complainant-Nand Kishor was agreed to purchase the allotted flat for a total sum of Rs.6,70,000/- upon which he paid an amount of Rs.3,18,000/- cash to the original allottee Sonu and also agreed to pay the balance installments as per the department’s schedule.  As the possession of the flat was not given by the Housing Board Haryana and due to the pendency of installments ownership of the flat could not be transferred to the purchaser Nand Kishore so the original allottee-sonu got registered a General Power of Attorney in  favour of the purchaser/complainant Nand Kishor vide registered GPA dated 22.04.2016 registered in the office of Sub Registrar Noida, Gautam Budh Nagar, U.P. 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–Parv Group Real Estate & Developers with the prayer to: a)  handover the actual physical of the property to the complainant or to pay the amount of Rs.3,30,000/- alongwith interest @ 18% p.a. from the date of receiving till actual realization. b) pay the heavy penalty amount as the Hon’ble Commission may deem fit and proper.  c) pay Rs. 1,00,000/- as compensation for

causing mental agony and harassment . d)     pay Rs. 31,000 /-as litigation expenses.

                    To establish his case the complainant  has led in his evidence, Ex.CW1/A – affidavit of Nand Kishor Dwevedy, Ex.C-1 – application for the registration of EWS Flat at Faridabad, Ex.C-2 – letter dated 01.06/2013 regarding allotment of BPL flat at Faridabad, Ex.C-3 – letter regarding deposit the 10% installment of BPL/EWS, allotted in Faridabad, , Ex.C-4 – photocopy of demand draft, Ex.C-5 – General Power of Attorney, Ex.C-6 – 2014 unit(under construction 70% completed), Ex.C-7 & 8 – Token & EMI, Ex.C-9 – legal notice, Ex.C-10 & 11 – legal notice.

                   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 Raj Swaria – authorized person, Parv Group Real Estate & Developers R/o House No. 712, Raja Garden, Old Faridabad .

6.                It is evident from Ex.C-1  that the  complainant applied the BPL flat at Housing Board, Haryana vide application No. 47576 in the year 2013. As per ex.C-2 the draw was held on 12.5.2014 and the complainant declared successful in the draw.  In this regard the Housing Board Haryana issued a letter for allotment of BPL flat at Faridabad Provn. Reg. NO. FBD/BPL/HGB/14528, Final regn. No. 1477 vide Memo No. HBH/CRO (PM)/2014/19776 dated 17.7.2014 to deposit a sum of Rs.44,000/- on account of amount payable after draw of lots within 30 days from the issue of this letter alongwith required documents. As per the instruction of the Housing Board, Haryana vide Ex. C-3, the complainant paid Rs.45,000/- vide D.D NO. 068244 dated 7.10.2014 drawn on Central Bank of India, Sector-15,

Faridabad alongwith relevant documents vide Ex.C-4.  The opposite parties had allotted a residential BPL flat at Faridabad, Haryana vide allotment dated 17.7.2014 draw of lots date 12.5.2014, Haryana memo NO. HBH/CRO (PM)/2014/19776, Provn. Regn. NO. FBD/BPL/HGB/14528, Final Regd. NO. 1477 to Mr. Sonu son of Shri Banarsi Dass, Resident of V & P.O. Tecontha, Tehsil Pundri, Distt. Kaithal, Haryana.  As per Ex.C-5 The said Shri Sonu appointed the complainant as General Power of Attorney Holder  vide G.P.A, No. 1594 dated 22.4.2016 registered in the office of the Joint Sub Registrar, Noida U.P. The allotted rate of the above said flat was Rs.4,40,000/-.  The opposite parties/builder issued payment and possession schedule according to the schedule the total value of the flat was Rs.4,40,000/- and according as per the schedule the complainant deposited the amount with the opposite parties. In the schedule it was clearly mentioned that the opposite parties would handover the possession of the flat till 2016.  Hence, the complainant had paid the payment of the above said property and till date the complainant had paid Rs.3,30,000/- to opposite parties. The complainant had deposited Rs.45,000/- to Housing Board, Haryana and the opposite party received token & EMI amounting to Rs.85,000/- from the complainant vide S.No. 007 dated 17.02.2015 vide Ex.C-7 and paid Rs.2,00,000/- vide receipt S.No.006 dated 6.2.2016 vide Ex.C-8.  Opposite parties had not handed over the possession of the above said property to the complainant Since 2016. 

7.                After  going through the evidence led by the parties, the Commission is of the opinion that the complaint is allowed. Opposite parties jointly & severally, are directed to refund the deposited amount to the complainant with compensation in the  form of simple interest @ 6% p.a from the respective date of deposit till the

payment is made together with costs of Rs.20,000/- to the complainant. Compliance of this order  be made within 30 days from the date of receipt of copy of this order.  Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.

Announced on:  18.04.2023                                 (Amit Arora)

                                                                                  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.