Haryana

Ambala

CC/90/2017

Sukhvir Singh - Complainant(s)

Versus

Saubhagya Colonisers pvt LTd. - Opp.Party(s)

01 Jun 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                        Complaint case no.  : 90 of 2017

                                                                        Date of Institution    : 20.03.2017

                                                                        Date of decision       : 01.06.2018.

 

1.         Sukhvir Singh s/o Subhkaran Singh, aged 52 years,

2.         Santosh Devi w/o Sukhvir Singh age 50 years both resident of village Choti Kohri Tehsil Naraingarh District Ambala.

 ……. Complainants.

 

Vs.

 

1. Saubhagya Colonisers Pvt. Limited Cop.Office 208, Antriksh Bhagwan 22 KG Marg, Connaught Place, New Delhi-1100001 Reg. Off: E-371, IInd Floor, Nirmal Vihar, Delhi-92 through its authorized signatory.
2. Saubhagya’s Milap Estate, Naraingarh, Sector 4 through its authorized signatory/manager.

               ….….Opposite Parties.

 

Before:           Sh. D.N. Arora, President.

                        Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                              

 

Present:          Sh. Deepak Rana, counsel for the complainants.

Sh. Pawan Yadav, counsel for OPs.

 

ORDER                                

                        In nutshell, brief facts of the present complaint are that the OPs published an advertisement for setting up a residential colony in the name of Saubhagya’s Milap Estate Sector-4, Nariangarh.  The complainant applied for a plot vide application dated 29.04.2013 besides paying a sum of Rs.8,50,000/- towards the cost of unit which was assured and promised to handover after completion of construction work. On 25.07.2013 the complainant further paid an amount of Rs.3 lac. The complainants kept on waiting for the completion of construction and visited the OPs many a times but they did not provide satisfactory answer. The OPs have failed to fulfill the promise as they have not handed-over the possession of the agreed residential plot/site to the complainants as per terms and conditions. The complainants requested the OPs to return the amount of Rs.11,50,000/- alongwith interest but the same was paid in installments i.e. Rs.4,50,000/- on 10.08.2016, Rs.5,00,000/- on 14.09.2016 and Rs.2,00,000/- on 26.10.2016 without any interest. The Ops have used the said amount illegally without providing the services allegedly promised by them. The act and conduct of the OPs clearly amounts to deficiency in service and unfair trade practice on their part. In evidence, the complainant has tendered affidavit Annexure CA and documents Annexure C1 to Annexure C5.

2.                     Upon notice OPs appeared and filed their joint reply wherein several preliminary objections such as cause of action, jurisdiction, locus standi and maintainability etc. have been taken. The payment of Rs.11,50,000/- deposited by the complainants has already been paid to them as they themselves have withdrawn their application on sympathetic grounds by moving an application dated 09.08.2016. The complainants in their application have further mentioned that they would not claim anything upon the said amount. The amount was returned on acceptance of the application moved by the complainants but they have filed the present complaint by concealing the material facts. The clause 27 of the terms and conditions of allotment letter says that in consequences of the company abandoning the scheme, the company’s liability shall be limited to the refund of the amount paid by the intending allottee (s) without any interest or compensation, in any manner, whatsoever.  All the terms and conditions were duly read over and explained to the complainants at the time of applying for residential plot, therefore, the complainants are not entitled for any interest on the refunded amount. Other contentions have been controverted and prayer for dismissal of the complaint has been made. In evidence, the Ops have tendered affidavit Annexure RW1/A and documents Annexure R1 to Annexure R4.

3.                     We have heard learned counsel for the parties and gone through the case file very carefully.

4.                     It is not disputed that the complainant had applied for a unit/plot in a colony set up by OPs by paying a sum of Rs.11,50,000/-. The complainant has come with the plea that the Ops have failed to fulfill their promise and used the deposited amount of Rs.11,50,000/- illegally which was returned to them without any interest in installments.

5.                                 On the other hand the OPs have come with the plea that the complainants themselves have withdrawn their application for allotment of plot by submitting an application dated 09.08.2016 (annexure R1) and in that application it has been specifically mentioned that they will not claim anything in case as they do not want to buy the said plot.

6.                                 The complainants have not denied the application dated 09.08.2016 and the contents mentioned therein are enough to reach at a conclusion that they themselves have withdrawn their application for allotment of plot and requested for refunding of the deposited amount after depositing original receipt thereof. They have further mentioned that no further claim would be lodged by them but it is strange that they have filed the present complaint after twisting the facts by mentioning that the OPs have failed to fulfill the promise and are deficient in providing service.

7.                                             Keeping in view the facts and circumstances mentioned above we are of the view that there is no deficiency in service and unfair trade practice on the part of OPs as per Section 2 (1) (d) (g) & (f) of the Consumer Protection Act.  Hence, the present complaint is devoid of merit. Accordingly, we dismiss the present complaint leaving the parties to bear their own costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on:01.06.2018                                   (D.N. ARORA)

                                                                                       President

    

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                (PUSHPENDER KUMAR)             (ANAMIKA GUPTA)

Member                                             Member