DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 560/2014
D.No.________________________ Dated: _________________
IN THE MATTER OF:
SUNIL KUMAR WADHWA,
S/o LATE SH. O.P. WADHWA,
R/o C-3/10, PHASE-2, ASHOK VIHAR,
DELHI-110052.… COMPLAINANT
Versus
1. M/s ROYAL HOME TOWN PLANNER PVT. LTD.,
(THROUGH ITS M.D./DIRECTOR/PRINCIPAL OFFICER),
GROUND FLOOR, TAPASYA CORP. HEIGHTS,
TOWER-B, SECTOR-126, NOIDA-201301 (U.P.).
2. M/s INVESTOR CLINIC,
(THROUGH ITS M.D./DIRECTOR/PRINCIPAL OFFICER),
TAPASYA CORP. HEIGHTS, TOWER-B,
SECTOR-126, NOIDA-201301 (U.P.). … OPPOSITE PARTY(IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 06.05.2014
Date of decision: 26.06.2018
CC No. 560/2014 Page 1 of 7
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under section 12 of the Consumer Protection Act, 1986 thereby allegingthat on 30.05.2013, authorized agent/representative Mr. Umesh of OP-2 on behalf of OP-1 contacted the complainant at his residence and impressed the complainant for booking a flat (unit) in the project namely Beetle Lap project at Yamuna Express Way and accordingly the representative of OP-2 further explained about the proposal to the complainant and made a proposal for purchasing a unit/flat no. B-0408 at Project Beetle Lap and also provided the customer ID no. RHL/BL/13-140168 at Yamuna Express Way and after considering the proposal, representative filled up the application inter-alia proposal form and agreed to give the flat in the project as mentioned above. Thereafter, going through the proposal and after fulfilling the application form, the complainant gave a cheque bearing no. 672911 of Rs.3,50,000/- dated 30.05.2013 drawn on Vijaya Bank, Sector-3, Rohini, Delhi in his residence to Sh. Umesh the representative/authorized agent and further assured that OP will give 6% discount in the said project by way of two times, first at the time of booking the flat and further second time by way of issuing the credit note in favour of the
CC No. 560/2014 Page 2 of 7
complainant but the OPs failed to issue the credit note on time and per contra, OP instead of giving and issuing the credit note charged interest from the complainant. The complainant further alleged that OP further assured to the complainant that the construction work shall start within a period of 3 months at the project site but unfortunately after passing more than 9 months, the OPs failed to start the work on time and the complainant visitedthe spot and took the photographs on 21.12.2013, 27.02.2014 in this regard. The complainant further alleged that due to delay tactics, the complainant was forced to purchase another flat by paying Rs.2,00,000/- extra cost and accordingly in totally, the complainant suffered a total loss of Rs.5,50,000/- whereas, at the time of booking the flat, the authorized representative of the OPs assured the complainant that the construction work will start within a period of 3 months but after more than one year there is no glimpse of any construction and the land is lying a play ground. The complainant further alleged that the OPs after passing one year, failed to obtain the necessary permission, clearance and approval from various authorities like Yamuna Express Way Authority, pollution and Civil Aviation Authority and being aggrieved from the conduct, the complainant on 02.01.2014, 18.01.2014 & 17.02.2014 made a written representation and reminder in this regardthereby
CC No. 560/2014 Page 3 of 7
demanded a sum of Rs.5,50,000/- alongwith interest @ 24% p.a. till its realization but the OPs have failed to return the amountillegally and have indulged in unfair trade practiceand there is deficiency in service on the part of OPs.
2. On these allegations the complainanthas filed the complaint praying for direction to OPs to refund the sum of Rs.5,50,000/- received on various dates alongwith interest @ 24% as well as compensation of Rs.2,00,000/- for causing mental agony and physical harassment in totaling Rs.7,50,000/- alongwith interest @ 24% p.a. till its realization and has also sought cost of litigation.
3. OPs have been contesting the case and filed the written statement and submitted that present complaint is a blatant abuse of process of law and is liable to be dismissed. OPs further submitted that this Forum does not have the jurisdiction to try and entertain the matter, since as per complainant’s own admission the office of OPs is situated in Noida and no part of cause of action has ever arisen within the jurisdiction of this Forum. OPs submitted that in fact the complainant approached OP-2at its Corporate Office in Noida in the last week of May-2013 to explore various property options and the complainant was presented with various property options and the complainant chose to invest in property in question. OPs further denied that they ever agreed to give 6% discount to the complainant by way of a credit note.
CC No. 560/2014 Page 4 of 7
4. The complainant filed replication/rejoinder and denied the submissions of the OPs.
5. In order to prove his case, the complainant filed his affidavit in evidence and the complainant also filed written arguments. The complainant also placed on record copy of visiting card of OP-2, copy of payment plan, copy of advertisement in the newspaper, copy of application form, copy of cheque of Rs.3,50,000/-, copy of photographs, copies of legal notice dated nil and reminders sent to OP on 18.01.2014 & 17.02.2014 through speed post for cancellation of booking and refund of the amount alongwith postal receipts.
6. On the other hand, on behalf of OPsMs.RidhimaChhatwal, Legal Executive & Authorized Signatory of OPs filed her affidavit in evidence which is as per the case of OPs taken in the written statement. OPs also filed written arguments.
7. This forum has considered the case of the complainant as well as OPs in the light of evidence and documents placed on record as well as written arguments of the parties. The case of the complainant has remained consistent throughout and there is nothing on record to disbelieve the case of the complainant. The OPs have not lead any evidence to controvert the case of the complainant that there was no delay in starting the construction of the project. The OPs have not controverted the case of the complainant that no assurance was
CC No. 560/2014 Page 5 of 7
given to the complainant that the construction would be started within 3 months. All these facts goes against the case of OP and after receiving the letter from the complainant for cancellation of booking and refund of the amount, OP ought to have refunded the booking amount with interest to the complainant which OPs have failed.Moreover, it has come on record that on 15.04.2015 Ld. Counsel for OP brought a draft of Rs.3,50,000/- towards refund amount which was refused to be accepted by the complainant as there was no interest portion and compensation in the draft. Thus, this Forum is of opinion that OPs have indulged in unfair trade practice and there is deficiency in service on their part.
8. Accordingly, we hold OPs guilty of unfair trade practice and deficiency in service. Accordingly, the OPsjointly or severally are directed as under:
i) To pay/refund to the complainant the amount of Rs.3,50,000/- alongwith interest @ 12% p.a. w.e.f. the date of deposittill the date of this order.
ii) To pay to the complainant an amount of Rs.1,00,000/- as compensation towards mental agony and harassment caused to the complainant which includes cost of litigation.
9. The above amount shall be paid by the OPsjointly or severally to the complainant within 30 days from the date of receiving copy of
CC No. 560/2014 Page 6 of 7
this order failing which OPs shallbe liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OPs fail to comply with the orderwithin 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 26thday of June, 2018.
BARIQ AHMED USHA KHANNA M.K.GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
CC No. 560/2014 Page 7 of 7
