Haryana

Sonipat

CC/71/2015

Rajender Singh S/o Zile Ram - Complainant(s)

Versus

Rama Krishna Buildwell Pvt. Ltd. - Opp.Party(s)

B.S. JAGLAN

05 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

                     SONEPAT.

 

                             Complaint No.71 of 2015

                             Instituted on:05.03.2015

                             Date of order:05.04.2016

 

1.Rajender Singh son of Zile Singh,

2.Surender Kumar son of Karta Singh,

Both resident of village Patti Kalyana, tehsil Samalkha, distt. Panipat.

                                      ...Complainants.

 

                      Versus

 

 

1.Rama Krishna Buildwell Pvt. Ltd. 551-Tower B, Aggarwal Cyber Plaza, Netaji Subhash Place, Pitam Pura, New Delhi-34 through its Chairman.

2.Harish Luthra Managing Incharge of Rama Krishna Buildwell Pvt. Ltd., c/o Mera Baba Real Estate Pvt. Ltd., 3890, Aggarwal Cyber Plaza-II, Netaji Subhash Place, Pitampura, New Delhi.

                                      ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. BS Jaglan, Adv. for complainants.

           Sh. AK Jain, Adv. for respondents.

 

BEFORE-    Nagender Singh, PRESIDENT.

          Prabha Wati, MEMBER.

         

 

O R D E R

 

         Complainants have filed the present complaint against the respondents alleging therein that they gave their consent for the purchase of a flat in 2^nd Tower of Divine City of the respondents.  The respondents entered into an agreement dated 9.8.2013 for Flat No.2/201  which was reduced into writing.  The respondents agreed to sell the said flat to the complainants against basic cost of Rs.28,96,695/-. The respondents promised to complete the construction of 2^nd Tower of this flat within two years from 6.6.2013.  The complainants have paid Rs.289670/- i.e. 10% of the cost of the flat and Rs.434504/- i.e. 15%  at the time of allotment i.e. total Rs.724174/-.  The complainants have always remained ready to make the balance payment as per schedule, but the respondents did not demand the balance payment.  The complainants in the month of July,2014 came to know that the respondents have not started the construction work of 2^nd tower in Divine City and that amounts to a grave deficiency in service on the part of the respondents.  The respondents illegally withheld the payment of the complainants. The respondents have accepted the payment from the complainants before construction and even till date, they have failed to start construction and thus, the complainants have every right to get refund of his deposited amount alongwith interest from the respondents. Thus, he has come to this Forum and has filed the present complaint.

2.        The respondents have appeared and they filed their joint written statement submitting therein that  there is no contract between the complainant and respondents regarding the flat in question. The present complaint which has been filed by Rajender is not maintainable.  The complaint which has been filed by Surender Kumar is not signed by him. The signature of complainant no.2, which was given by him to the respondents, at the time of entering the contract with the respondents are different that of the present person.  The complainant no.2 has played a fraud upon the respondents as well as with the Hon’ble Forum.

          It is also submitted that the respondents never told the complainants that they will complete the construction of divine city within two years from the date of booking.  owever,

 However, it is correct that the complainant has purchased flat no.2/201 fro0m the respondents.  The basic cost of the flat was Rs.28,96,695/- plus EDC, IDC and total cost of the flat was agreed Rs.35,89,986/- plus car parking, taxes and registration fees etc.  The respondents never promised the complainant to complete the construction of second tower of this flat within two years i.e. from 6.6.2013 i.e. booking date of this flat.  Initially both the complainants had applied for the said flat/unit with the respondents and was allotted to them. Rajender complainant no.1 surrendered his rights in favour of complainant no.2 Surender by giving an affidavit as well as consent letter to the respondents and the said allotment was cancelled and transferred to complainant no.2 Surender. 

The complainant no.2 and respondent entered into a contract on 10.8.2013 and both are bound by the terms and conditions of the agreement to sell.  The complainant has paid only Rs.724173/- but he did not pay the tax of Rs.22378/-.  The respondents gave special offer vide letter dated  14.2.2014 to the complainant that we are ready to give possession of the flat/unit in tower no.3 and 4  and also ready to give relaxation in payment schedule.  The respondents are not liable to pay interest in any manner to the complainant.  Further the respondents had given an offer to the complainant to shift from tower no.2 to tower no.3 and 4.  The construction of tower no.3 is almost complete upto 9^th Floor and construction of 4^th tower is complete upto 6^th floor.  But the complainant is not interested in shifting the same The respondents have denied the fact that 2^nd floor is not in their plan.  The complainant has not suffered any mental agony or harassment at the hands of the respondents.  The complainant is not entitled for any relief and compensation since there is no deficiency in service on the part of the respondents and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments of both the ld. Counsel for the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the complainant has argued his case vehemently that the complainants gave their consent for the purchase of a flat in 2^nd Tower of Divine City of the respondents.  The respondents entered into an agreement dated 9.8.2013 for Flat No.2/201  which was reduced into writing.  The respondents agreed to sell the said flat to the complainants against basic cost of Rs.28,96,695/-. The respondents promised to complete the construction of 2^nd Tower of this flat within two years from 6.6.2013.  The complainants have paid Rs.289670/- i.e. 10% of the cost of the flat and Rs.434504/- i.e. 15%  at the time of allotment i.e. total Rs.724174/-.  The complainants have always remained ready to make the balance payment as per schedule, but the respondents did not demand the balance payment.  The complainants in the month of July,2014 came to know that the respondents have not started the construction work of 2^nd tower in Divine City and that amounts to a grave deficiency in service on the part of the respondents.  The respondents illegally withheld the payment of the complainants. The respondents have accepted the payment from the complainants before construction and even till date, they have failed to start construction and thus, the complainants have every right to get refund of his deposited amount alongwith interest from the respondents.

          Ld. Counsel for the respondents has submitted that there is no contract between the complainant and respondents regarding the flat in question. The present complaint which has been filed by Rajender is not maintainable. 

          He has relied upon page no.7 of the complaint, wherein name of Rajender Singh and Surender Kumar are mentioned.  But the complaint is only signed by Surinder.  Similarly, alongwith the complaint, affidavit of Rajender Singh son of Zile Singh is attached.  But the perusal of the same shows that it is signed by Surinder Kumar.  Similarly, the power of attorney is signed by Surinder Kumar, whereas in the power of attorney, the name of Rajender son of Zile Singh is also mentioned.

          Ld. Counsel for the respondents to prove that the complaint, affidavit and power of attorney are signed by some other person and not by the original person Surender Kumar, has placed on record the copy of cheque dated 22.7.2013 Annexure R-D and this cheque is signed by Surender Kumar and the name of Surender Kumar is also printed on the said cheque.  Similar sign has been put by Surender Kumar on the agreement dated 9.8.2013.  Further the indemnity bond is signed by Surender Kumar and the sign put on indemnity bond are the same as are on the document i.e. agreement to sell and cheque in question.  Further the registration/booking form is also having the signature of Rajender Singh and Surender Kumar, which does not telly with the signatures available on the document i.e. complaint, affidavit of Rajender Singh signed by Surender Kumar and power of attorney. 

          In our view, when  the respondents have specifically mentioned in their written statement that the complainant no.2 Surender Kumar has played a fraud upon the respondents as well as with the Hon’ble Forum, then it was incumbent upon the complainant no.2 Surender Kumar to appear in person before this Forum & to prove himself the actual fair & honest person.  But the complainant no.2 has not taken any step in this regard and he has kept mum and in this way, to some extent he has admitted the allegations of the respondents to be correct and true. Further we feel that there is something wrong on the part of the complainants as by doing the wrongful act, the complainants have also tried to mislead and cheat this Forum.  In our view, the complainants have not come to this Forum with clean hands.  Further this Forum is of the view that it is a fit case where penalty of Rs.10,000/- is to be imposed upon the complainants for misleading and cheating this Forum.  Further this Forum has the power to take action against the complainants under the provisions of Indian Penal Code, but we exonerated the complainants for this their wrongful act in the interest of justice by dismissing their complaint.  In our view, these are very very serious lapses on the part of the complainants and the complainants cannot take the same lightly.  These lapses on the part of the complainants are not amendable, because the same are self-explanatory. This Forum has failed to understand that why the complainants have done this wrongful act and why they have not come to this Forum with clean hands and what was the necessity on the part of the complainants for doing this wrongful act.  In our view, since the complainants have tried to mislead and cheat this Forum, they are not entitled to get any kind of relief from this Forum against the respondents.

          So, with these observations and findings, the present complaint stands dismissed with no order as to costs.

          Certified copy of this order be provided to both the parties free of costs.

File be consigned to the record-room.

 

 

(Prabha Wati)               (Nagender Singh-President)

Member DCDRF                         DCDRF, Sonepat.

 

Announced: 05.04.2016