DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.127/2016
Sh. Vijayinder Kumar Dutta
S/o Sh. Krishan Lal Dutta,
R/o H.No.1060, Ward No.8,
Mehrauli, New Delhi-110030 ….Complainant
Versus
1. Sh. S. P. Bajaj (Director)
M/s Shaurya Housing Ltd.
202, Elite House, Community Centre,
Kailash Colony, New Delhi-110048
2. Shaurya Housing Ltd.
through its Director
having office at 202, Elite House,
36, Zamarudpur, Community Centre,
Kailash Colony,
New Delhi-110048 ….Opposite Parties
Date of Institution : 02.05.2016 Date of Order : 07.09.2018
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Member - Kiran Kaushal
Brief facts pleaded by the complainant are that
1. The complainant, Sh. Vijayinder Kr. Dutta, booked a flat with the public limited company, whose Director is Mr. S. P. Bajaj, herein referred to as OP. The complainant states that he booked a flat with the OP as he was given assurance of time bound completion of the project and the possession of the flat was assured to be given on or before June, 2013.
1.1 The complainant on the payment of Rs.1 lac was given provisional allotment letter dated 12.02.13. Further a cheque of Rs.5 lacs dated 12.02.13 and cheque of Rs.4 lacs dated 02.03.13 was given by the complainant as part payment to the OP.
1.2 The complainant further states that the price of the flat was fixed at Rs.13,78,000/- plus service tax and 5% towards registration charges, meter charges etc. with a promise to give possession before June, 2013.
1.3 The complainant alleges that Buyer allotment agreement was signed between the parties which had 72 clauses that was returned to the OP for attestation etc. The complainant’s copy after attestation was never returned to him despite repeated follow ups with the OP.
1.4 The complainant further states that on 17.04.15 he met the OP who acknowledged having received Rs.10 lacs from the complainant. The OP assured to deliver documents lying with him and the possession of flat within 3-4 months. The complainant after June, 2015 tried contacting the OP for giving him the possession of the flat but all in vain. Thereafter on 27.12.15 the complainant sent a demand notice to OP. Hence, the complaint in question with the following prayers:
a. to restrain OP not to mortgage or make third party interest, take loan from any bank to the disadvantage of the complainant.
b. to direct the OP to handover the possession of the flat No. 403B, 4th Floor, Govardhan Apartment, Vrinda Vatika, Vrindavan, Mathura, U.P.
c. to compensate the complainant by paying him Rs.50,000/- towards deficiency in service, mental agony and stress faced by the complainant .
d. Or in alternative direct the OP to pay Rs.15,92,500/- with interest @ 18% p.a. till the disposal of the complaint plus Rs.50,000/- towards compensation.
e. to pay a cost of Rs.20,000/- as litigation charges.
2. When none appeared on behalf of the OP to contest the case of the complainant the OP was proceeded exparte vide order dated 02.03.17.
3. Complainant has filed exparte evidence and written arguments.
4. After having the arguments heard on behalf of the complainant and perusal of the record it is observed that the complainant being a service man after getting due permission from his department applied for a flat with the OP in Shaurya Housing Limited Company. Provisional allotment letter is placed on the record in which the basic sale price of the apartment is Rs.13,78,500/- service tax of Rs.42,596/- out which the complainant has placed on record receipt of Rs.5 lacs towards the Company. The payment of Rs.4 lacs to Shaurya Housing Ltd. is shown in the statement of his bank account. The complainant submits that he had paid Rs.1 lac in cash on receiving the provisional allotment letter.
5. Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
6. For the reasons stated hereinabove OP who had received money from the complainant failed to handover the possession of the flat on time agreed between the parties. Infact, OP has neither given the possession of flat nor has he refunded the amount paid by the complainant. Hence, OP is guilty of deficiency in service. Therefore, we direct the OP to refund the amount Rs.10,00,000/-paid to it by the complainant from the date of deposit i.e. 04.03.2013 till the date of realization @ 9% per annum. The compensation of Rs.10,000/- is awarded to the complainant towards cost of litigation, mental agony etc.
7. The above said order shall be complied by the OP within a period of one month from the date of receipt of the copy of this order failing which the OP shall become liable to pay the said amount alongwith interest @ 12% p.a. from the date of deposit i.e. 04.03.2013 till the date of realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced n 07.09.18
