CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.188/2018
- VANADANA PARIKH
W/o Sh. SANJAY PARIKH
R/O M-113, SAKET
NEW DELHI-110017
- SANJAY PARIKH
S/O SH. S.B. PARIKH
R/O M-113,SAKET
NEW DELHI-110017
…………. COMPLAINANT
VS.
PIYUSH COLONISERS LTD.
A-16/B-1, MOHAN CO-OPERATIVE ESTATE,
MAIN MATHURA ROAD
NEW DELHI-110044
ALSO AT:-
PIYUSH GLOBAL-I, 1ST FLOOR, PLOT NO. 5
YMCA MAIN MATHURA ROAD,
FARIDABAD - 121005
………….. RESPONDENT
Date of Order: 31.07.2020
O R D E R
REKHA RANI– President
Case of the Complainant as indicated in the complaint is that pursuant to an advertisement of Piyush Colonisers Ltd. (OP) regarding launch of a project namely Piyush Square, Complainants filled up an application form and paid initial booking amount of Rs.1,50,000/- vide cheque no. 213063 drawn on canara bank, the cheque was encashed and OP confirmed receipt of payment vide receipt dt. 31.03.2012.
OP vide their letter 30.07.2012 informed the complainant that they had been allotted a studio apartment bearing no. 401 on 4th floor in the integrated township at Bhiwadi. OP vide another letter dt. 30.07.2012 requested complainants to pay Rs.1,63,372.65/- towards second installment of the booked flat. Complainants duly paid the said amount by cheque no. 197543 drawn on canara bank and OP vide their letter dt. 19.03.2013 confirmed receipt of the said payment.
OP vide their letter dt. 4.01.2013 requested the complainants to pay Rs.21,672.65/- towards third installment of the booked flat. Complainants paid the said amount by cheque no. 197557 dt. 11.02.2013 drawn on canara bank. OP vide their letter dt. 25.2.2013 confirmed receipt of the said amount.
OP vide their another letter dt. 01.08.2014 informed the complainants that they remeasured the property booked by the complainants and found out that the area of the flat as originally mentioned to be as 556.550 sq. ft. was actually 691.570 sq. ft. and as such there was an increase of 135.020 sq. ft. OP vide another letter dt. 1.08.2014 requested the complainants to remit an amount of Rs.86373.23/- towards fourth installment of the booked flat. Complainants paid the said amount by cheque no. 84516 drawn on canara bank. OP vide their letter dt. 30.9.2014 confirmed the receipt of the said amount.
There was no communication from the OP to the complainants regarding payment of any further installment or progress of the project. Suddenly, OP vide their letter dt. 11.08.2015 informed the complainant that as per payment plan Rs.2,33,655.43/- was pending and requested the complainants to pay the said amount. Nothing was mentioned in this letter about the stage of construction. Complainants were shocked that such a huge amount had to be paid by them as installment as there was no prior correspondence by the OP with regard to payment of huge amount of this installment. Complainants were further surprised to receive another letter of OP dt. 24.08.2015 requesting complainants to pay an amount of Rs.4,68,154.76 instead of previous amount of Rs.2,33,655.43/-. Complainants were shocked to note that the amount of installment almost doubled in just a matter of few dates. Complainants sought clarification from the OP asking for such a huge installment but no satisfactory response was received from them.
After receipt of letter of OP dt. 24.08.2015 complainants also visited the site and found that no construction had taken place which could justify payment of further installments.
OP vide their letter dt. 4.11.2015 sent another request for payment of Rs.10,56,480/- to the complainants. OP just after about one month vide their letter dt. 9.12.2015 demanded of Rs.12,29,776/-. Complainants tried to contact the OP telephonically on their no. 9813582808 to seek clarification regarding the huge installment amount being demanded but OP without paying any heed to the request of the Complainants sent another letter dt. 19.01.2016 asking the Complainants to pay
Rs.12,62,326.80/-.
Surprisingly, OP vide their letter 27.02.2016 sent a cancellation letter with respect to the allotted flat.
On 18.05.2016, complainants on receipt of cancellation letter visited the site and noted that there was no justification for demanding further installments as corresponding construction had not taken place.
OP vide their letter dt. 29.03.2017 confirmed cancellation of flat and demanded original receipt with respect to the payment from the complainants. Complainants tried to contact the officials of the OP but there was no response they, therefore, sent a legal notice dt. 11.06.2018 to the OP asking them to refund their deposited amount with interest. OP did not reply to the said legal notice.
Complainants have demanded refund of their deposited amount of Rs.4,21,418/- with interest @ 18 p.a, Rs.3,00,000/- as compensation for causing harassment Rs.75,000/- as litigation cost.
Order of our predecessor Bench dt. 18.07.2019 indicates that OP was proceeded ex-parte as none appeared for it despite service.
Complainants filed their evidence by way of affidavit, complainants also filed written arguments, we have heard Mr. Sharad Arya, Adv. today.
Ld. Counsel submitted that cancellation of the allotted flat by the OP is arbitrary, unjust and unfair. He submitted that payment of installments was linked to the stage of construction. He submitted that OP did not bother about the stage of construction and arbitrarily kept on demanding one installment after another. Ld. Counsel further submitted that Complainants did deposit four installments as demanded by the OP and that their grievances that OP was not linking installments with the stage of construction were not redressed. Complainants were justified in not paying further installments. He also submitted that OP did not give any satisfactory explanation as to why payment of installments was not linked to the stage of construction. He also submitted that even their legal notice for refund of their deposit was not replied by the OP which means that they had no defence to claim of the complainants.
Complainants have placed on record copy of receipts of payments made to the OP we have no reason to disbeli that testimony of the complainants that they had deposited Rs. 4,21,418/- with the OP for allotment of the booked flat. OP has not appeared before this Commission despite service of notice to justify demand of fifth installment onwards without linking the same to the stage of construction. OP has failed to justify the cancellation of the allotted flat and we have no reason to disbelie unchallenged, uncontroverted testimony of the complainants.
The Ld. Counsel for the complainants submitted that application form for allotment of a unit in the project alongwith the booking amount was submitted by the complainants in the corporate office of the OP at Mohan Cooperative Industrial Area, Main Mathura Road, New Delhi. This is also proved from the copy of the application form placed on record and it indicte that this commission as territorial jurisdiction to adjudicate this matter.
Letter of the OP dt. 29.03.2017 regarding cancellation of the booked flat is also placed on record, complaint was filed on 06.09.2018. The complaint is, therefore, within limitation, it is also within our pecuniary jurisdiction,
The complaint is accordingly allowed.
OP is directed to pay a sum of Rs.4,21,418/- with interest @ 9 % p.a from the date of deposit till the date of realisation alongwith litigation cost of Rs.15,000/-
Let the order be complied within three weeks 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.
(SHAHINA) (REKHA RANI)
MEMBER PRESIDENT
