Haryana

StateCommission

CC/413/2016

RAM NIWAS SHARMA - Complainant(s)

Versus

RAHEJA DEVELOPERS LTD. - Opp.Party(s)

NEERAJ GUPTA

21 Mar 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Complaint No.        413 of 2016

Date of Institution:  20.12.2016

Date of Decision:    21.03.2018

 

Ram Niwas Sharma son of Shri Hari Kishan Sharma, resident of House No.430/20, Shanti Nagar, Gurgaon (Haryana.).

 

…..Complainant

 

Versus

 

1.      M/s Raheja Developers Limited, Raheja’s Atlantis, Sector 31-32A, Jharsa Road, Gurgaon, Haryan, through its Director:

 

 

Site Office:- M/s Raheja Developers Limited “Raheja’s Sampada”, Sector-92, Gurgaon.

 

 

2.      M/s Raheja Developers Limited, having its registered office at W4D, 204/5, Keshav Kunj, Carippa Marg, Western Avenue, Sainik Farms, New Delhi-110080, through its Director.

 

3.      M/s Raheja Developers Limited, having its corporate office at No.406, 4^th Floor, Rectangle One, D-4, District Centre Saket, New Delhi-110017, India, through its Authorized Person.

 

 

……Opposite Parties

 

 

CORAM:   Mr. R.K. Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

                  

   

 

Present:     Shri Neeraj Gupta, Advocate for complainant.

                   Shri Suveer Kumar, Advocate for opposite parties.

                  

                            

O R D E R

 

R.K. BISHNOI, JUDICIAL MEMBER

 

          It is alleged by complainant that he booked a flat with opposite parties (in short ‘OPs’) and deposited Rs.3,57,630/- vide cheque Nos.047391 dated 30.06.2010 and 047392 dated 04.07.2010. Unit No.T1-027 was allotted to him. Flat buyer’s agreement was executed in between them on 28.08.2010 and sale price of this unit was Rs.46,56,012/-. As per clause 4.2 of buyer’s agreement, the possession was to be delivered within three years from the date of execution of agreement i.e. upto 28.08.2013. He has already deposited Rs.46,93,074/-, but, possession is not offered as yet, so, OPs be directed to refund the amount deposited by him alongwith interest @ 15% per annum from the date of booking alongwith compensation as prayed for.

2.      In reply it was alleged by OPs that he was not covered by the definition of consumer because he was staying in an another property situated at Gurgaon and despite that booked this unit for investment purpose. He did not make payment in time, that is why, he was asked to deposit Rs.1,73,470/- vide letter dated 01.03.2017. As per clause 4.2 of buyer’s agreement, if there was fault on the part of Government/Regulatory authority, it was not liable for that lapse. When occupancy certificate was received, complainant was asked to deposit remaining amount, so, he was not entitled for any compensation and complaint be dismissed.

3.      Both the parties have led their evidence.

4.      Arguments heard. File perused.

5.      From the perusal of clause 4.2 of buyer’s agreement (Exhibit C-1) dated 28.08.2010, the possession was to be delivered within 36 months therefrom subject to force majeure, but, OPs miserably failed to prove this fact. It is well settled proposition of law that question of force majeure is to be specifically pleaded and proved. If it is not so, then it is to be presumed that there was fault on the part of builder. It is clear from the copy of ledger (Exhibit R-8) that complainant deposited huge amount long ago, but, even then possession was not delivered to him. E-mail (Exhibit R-9) was sent on 06.11.2017 with promise to deliver possession within 30-45 days, whereas, the same was to be delivered upto 28.08.2013. It clearly shows that there is lapse on the part of OPs and they are liable to refund the amount deposited by complainant. So, complaint is allowed and OPs are directed to refund the amount deposited by complainant alongwith interest @ 7% per annum from the date of respective deposits till payment. They are also liable to pay Rs.21,000/- as of compensation for mental harassment etc. and Rs.11,000/- as litigation expenses to the complainant.

  

 

Announced 21.03.2018

(Urvashi Agnihotri) Member, Addl. Bench

(R.K. Bishnoi) Judicial Member, Addl. Bench

D.R.