Haryana

Bhiwani

CC/199/2022

Anupam Asthana - Complainant(s)

Versus

Raheja Developers - Opp.Party(s)

in person

25 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    199 of 2022

                              DATE OF INSTITUTION:              14.09.2022

                                        DATE OF ORDER:                        25.01.2024

 

Anupam Asthana son of Sh. Naresh Chandra Asthana, Hindustan Gum and Chemicals Ltd. Birla Colony, Bhiwani, Haryana-127021.

 

          ……Complainant.

 

Versus

 

The authorized signatory, Raheja Developers Limited, Raheja Mall, 3^rd Floor, Sector 47, Sohna Road, Gurugram-122001.

 

….. Opposite Party.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:     Saroj Bala Bohra, Presiding Member.

Shashi Kiran Panwar, Member.

 

Present:-        Sh. Rajeev Kaushik, Advocate for complainant.

           OP exparte.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member:

 

1.                 Brief facts of this case are that complainant booked 1-BHK Flat No.4005 in Tower D-1, 4^th Floor, Sector-14, Sohna Road, Gurugram, Haryana on 16.03.2015 in “Krishna Housing Scheme” with OP  vide booking No. BOO0024/01045/14-15.  It is alleged that complainat  paid Rs.14.00 lacs with OP till 30.01.2018, however, complainant was not give possession till date  whereas completion of flat was assured upto year 2018.  So, legal notice dated 02.06.2022 got served upon the OP but of no use. Hence, the present complaint has been preferred by complainant alleging deficiency in service, gross negligence and unfair trade practice on the part of OP and thereby he has suffered harassment and monetary loss. As such, the complainant has prayed for issuing directions to OP to provide possession of the flat,  to pay Rs.50,000/- as compensation for harassment besides litigation expenses.   Any oher relief to which this Commission deems fit has also been sought.

2.                 Notice was sent to OP but it did not respond.  As such, OP was proceeded against as exparte vide order dated 31.10.2022.

3.                 Complainant side, in evidence, filed affidavit of complainant as Ex. CW1/A alongwith documents Ex. C-2 and Annexure C-3 to Annexure C-20 and closed the evidence.

4.                 We have heard learned counsel for complainant and gone through the record carefully.

5.                 Learned counsel for complainant has argued that the act & conduct of OP amount to deficiency in service as well as unfair trade practice on its part which caused monetary loss besides mental and physical harassment to the complainant.  To prove his case,  leanred counsel for complainant has placed on record payment receipts (Annexure C-4 to Annexure C-11) & Ledger record (Annexure C-12) issued by OP whereby complainant has deposited a sum of Rs.13,98,856/- with it  from 19.03.2015 to 22.01.2018.  Complainat has placed on record  Provison Allotment Letter Annexure C-14 and as per (Annexure –A) attached with this annexure, reveals that complainant has deposited the amount as per their payment plan for the flat but despite that the OP did not offer possession of the flat, so complainant communicated with the OP for the possession and status of the flats whereupon vide e-mail 17.09.2018 (Annexure C-16), OP averred that ‘The project is targeted to be completed by end of year 2019 and accordingly the possession formalities shall be initiated.’  However, possession of the flat was not provided to the complainant and it was lingered on, for 2^nd quarter of 2021, end of 2021, 2^nd quarter of 2022 and then 2^nd quarter of 2024.  In a reply to corresponce by complainat dated 27.07.2020, OP has replied that ‘We would like to inform you that the compensation for the deay in handling over shall be settled at the time of final handing over as per the terms and conditons of the Buyer’s agreement.’Complainant to strengthen his case has also placed on record his duly sworn affidavit Ex. CW1/A and  Legal notice Ex. C-2.  

6.                 After hearing leaned counsel for complauinant and perusing the record, we have observed that OP has failed to provide possession of the flat to complainat despite making various assurances, discussed abvove, and depositing of a considerable amount of Rs.13,98,856/-  with them.  In such a situation, there is also no possibility of handing over possession in near future so it will be suffice to refund of the deposited amount to the complainant. Hence, we are of considered view that the OP was negligent, deficient in providing proper services to the complainant as well as has adopted unfair trade practice which dragged the complainant into this unwarranted litigation because of which, complainant must has suffered monetary loss as well as mental agony and physical harassment. As such, the complaint is allowed and OP is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To refund Rs.13,98,856/- (Rs.Thirteen lac ninty eight thousand eight hundred fifty six) to the complainant alongwith simple interest @ 9% per annum from the date of deposit of the amount(s) till its actual realization.

(ii)      To pay a sum of Rs.10,000/- (Ten thousand) to the complainant as compensation for harassment.

(iii)     Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                                                           

                    In case of default, the OP shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. The complaint is allowed accordingly.  If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.  

Announced.

Dated:25.01.2024.

 

(Shashi Kiran Panwar)                        (Saroj Bala Bohra)

                                          Member                          Presiding Member

District Consumer

Disputes Redressal

         Commission,Bhiwani