Delhi

East Delhi

CC/444/2013

KANTALAL JAIN - Complainant(s)

Versus

SAMIAH INTER. - Opp.Party(s)

09 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 444/13

 

Shri Kanti Lal Jain

S/o Shri Sumer Mal Bagrecha

R/o I-1622, Chittaranjan Park

New Delhi – 110 019                                                                 ….Complainant

 

Vs.

 

M/s. Samiah Intrnational Builders Pvt. Ltd.

Regd. Off.: Samiah House

B-98, Abul Fazal Apartments

22, Vasundhra Enclave,

Delhi – 110 096                                                                                 ….Opponent

 

Date of Institution: 10.07.2013

Judgment Reserved on: 09.11.2016

Judgment Passed on: 21.11.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Shri Sukhdev Singh (President)

 

JUDGEMENT

The complainant Shri Kanti Lal Jain has filed a complaint under Section 12 of the Consumer Protection Act against M/s. Samiah Intrnational Builders Pvt. Ltd. (OP) for deficiency in service and unfair trade practice. 

2.        The complainant booked a flat on 07.09.2007 on paying an amount of Rs. 3,29,175/- being 15% of the cost for category ‘A’ with 1795 sq. ft. Super Area in the upcoming housing complex/township in Hapur viz. Samiah Garden City – Hapur.  It was under the pre-launch scheme.  The possession was ordered to be handed over within 36 months on or before September 2010.  For delay in allotment, the company was to pay a penalty @ Rs. 10/sq.ft./month for the entire period of delay and further in case, the project gets delayed beyond 6 months after September 2010, additional payment by way of interest @ 12% p.a. 

It has been stated that the OP was also to facilitate for loan, but they failed to do so.  There was no commencement of work at site and even the sanctions were awaited.  On the advice of OP, the complainant was compelled to opt out of booking and made a request to OP on 03.01.2009 for cancellation of booking and refund thereof.  However, the amount was never refunded. 

The complainant approached OP for refund of the amount and even a legal notice was sent.  Since the complainant did not refund the said amount, the complainant has filed the present complaint praying for refund of principle amount of Rs. 3,29,175/- with interest @ 10% p.a. with effect from 03.01.2009 till date; Rs. 2,50,000/- compensation on account of mental agony and pain and Rs. 30,000/- towards cost of litigation.

3.        In reply, OP has taken various pleas such as the complainant was not consumer; there was no deficiency of service and the dispute was of civil nature.  Amount of Rs. 3,29,175/- with interest @ 10% p.a. has been objected.  Other facts have also been denied.  However, booking of the flat has been admitted.

4.        In support of its case, the complainant has examined himself, who has deposed on affidavit.  He has narrated the facts, which have been stated in the complaint.  He has also got exhibited documents, such as application form (CW-1/A), terms and conditions of booking (CW-1/B), copy of receipt for making payment of Rs. 3,29,175/- (CW-1/C), brochure (CW-1/D), introductory letter (CW-1/E), memo of understanding (CW-1/F), refund request (CW-1/G), minutes of the meeting (CW-1/H), notice (CW-1/I), reminder notice (CW-1/J), reply (CW-1/K), another notice (CW-1/L), reply of the complainant (CW-1/M), rejoinder reply (CW-1/N) etc.

5.        No evidence has been filed on behalf of OP.

6.        We have heard Ld. Counsel for the complainant, however, none appeared on behalf of OP to argue the matter.  Though, OP have denied their liability, but they have admitted the payment of booking amount.  Not only that the payment of booking amount of Rs. 3,29,175/- have also been acknowledged in the letter of OP of dated 15.09.2007, for which receipt no. 2990 have been issued.  This receipt is also of dated 15.09.2007.  From this letter as well as the receipt, it is evident that the complainant have booked a flat for which he made a booking amount of Rs. 3,29,175/- .  When the complainant have booked a flat and have paid the booking amount, by not allotting the flat within the stipulated period, certainly, it amounts to deficiency in services on the part of OP.  When there is deficiency on the part of OP, certainly, the complainant was entitled for refund of his booking amount. 

Further, the documents placed on record also show that the company have failed to provide the loan as well as allotment of flat within the period.  By not adhering to the agreement, there was no option with the complainant, except to get his flat cancelled and ask for refund.

7.        In view of the above, we are of the opinion that there has been deficiency on the part of OP and the complainant has succeeded in proving the same.  Hence, we order that the complainant be refunded an amount of Rs. 3,29,175/- with interest @ 9% p.a. from the date of filing the complaint till its realisation.  We, further order compensation, as by not providing the flat in time, the complainant have suffered mental pain and agony, for which he has to be compensated.  Thus, an amount of    Rs. 30,000/- is ordered on account of compensation.  This includes the cost of litigation.   The awarded amount be paid within 30 days from the date of receipt of order, failing which the total amount of Rs. 3,59,175/- will carry interest @ 9% p.a. from the date of filling the complaint till realisation.

            Copy of the order be supplied to the parties as per rules.

             File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President