CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

UdyogSadan, C – 22 & 23, Institutional Area

          (Behind Qutub Hotel)

   New Delhi – 110016

    Case No.268/18

Ajay Singh

S/o Late Sh. Damodar Singh

R/o – E-54 A, Vishwakarma Colony

Badarpur, New Delhi-110044.                                    …..COMPLAINANT

Vs.

1. Piyush Infrastructure India Pvt. Ltd.

Office at – Piyush Global-1 (1^st Floor)

Plot No.5, YMCA Chowk, NH-2

Near Escorts Mujesar Metro Station

Main Mathura road

2. Corporate office –

A-16/-1, Mohan Co-operative industrial Estate

Main Mathura road

New Delhi-110044.

3. Regd. Office:

396, WK Road

Chiippi tank near bachhaparkmeerut                                        …..RESPONDENTS

Date of Institution-21.12.2018

            Date of Order- 27.10.2023

O R D E R

RITU GARODIA-MEMBER

1. The complaint pertains to deficiency in service on the part of OP in not handing the possession of the booked apartment to the complainant.

2. The brief facts as stated in complaint are that the complainant booked a studio apartment at Badkhal, near Mathura Road  admeasuring 460 sq. feet.  The complainant paid Rs.3,00,000/- to OP vide a cheque dated 24.10.2012.  The complainant received a receipt bearing No.102 dated 12.11.2012 from OP.

3. The complainant was assured that the project will be completed in 2014. He was also assured that a rental agreement will be entered between the parties thereafter. The project was not completed and the complainant asked for refund of the amount paid.

4. On June 23, 2017, the complainant received a communication from the OP, titled "Refund/Allotment of Priority Preference Registration." On that very day, the complainant visited the OP's office and requested a refund.

5. It is submitted that Supreme Court in an Order restricted building activity within 5 km. radium of Badkhal Lake and directed the home buyers to  pursue legal remedies. The complainant sent a legal notice to OP dated 03.08.2018 for refund.  He also gave a written complaint to SHO, P.S. Badarpur.  The complainant prays for compensation and refund of the amount paid with @11%.

6. Notice was issued to OP but none appeared. OP was proceeded ex-parte vide order dated 29.7.2019.

7. The complainant has filed evidence by way of affidavit and exhibited the following documents :

1.  Copy of receipt No.102 is exhibited as EX.CW 1/1.
2. Copy of letter dated 23.6.2017 is exhibited as EX.CW 1/2.
3. Copy of legal notice is exhibited as EX.CW 1/3.
4. Copy of Police complaint is exhibited as EX.CW 1/4.

8. We have considered the documents on record. Receipt dated 12.11.2012 shows that OP has received Rs.3,00,000/- from the complainant. OP has also acknowledged the receipt vide letter dated 21.09.2013.

9. The complainant has relied on OP letter dated 23.6.2017.  Relevant portion is as follows :

Sub: Refund/Allotment of the Priority Preference Registration in respect of our future Project:

This is with reference to your provisional cum priority preference registration in respect of our future project vide receipt No.102 dated 12.11.2012.  We submit that the company had accepted your application for the future project.

You are therefore requested through this letter either to get allotment of your priority preference registration in our project i.e. Affordable Housing situated at ‘Piyush Parnakuti’ Bhiwadi, Rajasthan by signing the agreement in this respect and if you are not interested in above project, then you can collect the refund of your above said priority preference registration amount along with simple interest of 11% p.a. as per the conditions mentioned in clause No.1(iii) of priority preference registration form, from our office at Piyush Clobal-1 (!st Floor), Plot No.5, YMCA Chowk, NH-2 Near Escorts Mujesar Metro Station, Main Mathura Road, Faridabad-121006 on any working day between 10.00 A.M to 6.00 P.M.After depositing the documents issued by the company along with duly filled surrender kit.

10. It is clear from this letter that the project near Bhatkal lake did not materialize.  The complainant was given an option to either register in project namely ‘Piyush Parmakuti’ Bhiwadi, Rajasthan or get a refund on the amount paid at interest @ 11%p.a.

11. OP failed to controvert the allegation by filing its own version.                                               The complainant has stated in his affidavit that the possession of the said plot/flat has not been handed over or the construction/development is still in progress.  The complainant has not received any possession till date.  The Apex Court in Fortune Infrastructure v/s TevorD’lima (2018) 5 SCC 442 has held a person cannot be made to wait indefinitely for possession of the flat allotted to him and is entitled to seeks refund of the amount paid by him along with compensation.

12. Therefore, keeping in view all the facts, this Commission is of the view that the complainant has been able to prove that there is deficiency in service on the part of OP. Hence, we direct OP to: 

1. refund Rs.3,00,000 with 11% interest p.a. from the date of deposit till its realisation as agreed by OP in letter dated 23.06.2017.
2. Pay compensation of Rs.20,000/- for mental stress, agony and physical inconveniences
3. Pay Rs.10,000/-  towards litigation expenses.

13. The order to be complied within 30 days from the date of the order. File be consigned to record room.