Delhi

East Delhi

CC/216/2016

POOJA GUPTA - Complainant(s)

Versus

SHERYA DEV.PVT.LTD - Opp.Party(s)

09 Oct 2019

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. 216/16

 

1. Pooja Gupta

W/o Mr. Pooran Chand Gupta

503, Ashirwad Enclave

Plot No. 104, I.P. Extension,

Patparganj, Delhi – 110 092

 

2. Mr. Pooran Chand Gupta

S/o Mr. S.L. Garg

Proprietor/Auth. Signatory For:

M/s. Manoj Motors

503, Ashirwad Enclave

Plot No. 104, I.P. Extension,

Patparganj, Delhi – 110 092                                       ….Complainants

 

Vs.

 

1. Shreya Developwell Private Limited

(Through its Director Mr. Rajeev Gupta or

Manager/Auth. Representtive)

124, AGCR Enclave, Delhi – 92

 

2. Sangwan Heights Private Limited

Regd. Off.: 102, 1^st Floor

LSC Gazipur, Plot No. 2

Vardhman Master Plaza

East Delhi – 110 092                                                       ….Opponents

 

Date of Institution: 03.05.2016

Judgment Reserved for : 09.10.2019

Judgment Passed on : 11.10.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Shri Sukhdev Singh (President)

 

 

 

JUDGEMENT

The complainants Ms. Pooja Gupta and Mr. Pooran Chand Gupta have filed a complaint under Section 12(a) of the Consumer Protection Act 1986 (hereinafter to be referred as Act), against M/s. Shreya Developwell Private Limited (OP-1) and M/s. Sangwan Heights Private Limited (OP-2).    

2.        The facts in brief are that on 22.06.2007, Ms. Pooja Gupta and     M/s. Manoj Motors booked a flat of area admeasuring 1600 sq. ft. with a car parking in the project viz. “Hindan Heights” situated at Noor Nagar, Ghaziabad (UP) of M/s. Shreya Developwell Private Limited (OP-1).   As per clause no. 6.1 of Flat Buyer Agreement, the earnest money was settled at 96% of the basic price and accordingly, complainants paid                    Rs. 13,80,000/- to OP (Rs. 10,00,000 vide cheque no. 321017 dated 22.06.07 and Rs. 3,80,000/- vide cheque no. 471656 dated 22.06.07).   The possession was to be handed over within 24 months from June 2007.

           It was stated that OP failed to complete the construction within a period of 24 months and kept on assuring that the construction shall be completed very soon.  It was found that OP had not even commenced the construction.  Hence they were liable to pay compensation to the complainants @ Rs. 5/- per sq. ft. of the super area of the flat per month for the period of delay.   

It has further been stated that OP-1 claimed that major stake in the said project has been taken by M/s. Sangwan Heights Pvt. Ltd. (OP-2).  The complainants visited OP-2 at their site office, but no response was given.  OP-2 admitted that the project of OP-1 was taken over by them, but they refused to entertain the complainants and directed them to OP-1 for claims on the flats booked by OP-1. 

It was further stated that instead of handing over the possession of the flat and executing the sale deed, OPs malafidely mortgaged the land to the PNB Housing Finance Ltd.  As the project land was under direct control and management of PNB Housing Project Ltd., their liability was joint and several with that of the OP. 

It has been stated that due to the conduct of OP-1, complainants have suffered great mental agony and harassment. Thus, the complainant has prayed for possession of allotted flat no. 504, Saffron-III, 5^th Floor, Hindon Heights (Now namely Sangwan Heights), NH-58, Raj Nagar Extension, Opp. Raj Nagar, Ghaziabd – 201 017 with all facilities and to execute the sale deed in favour of the complainants; to pay damages        @ Rs. 8,000/- per month from July 2009 till the date of delivery of possession of flat and execution of sale deed together with interest @ 24% p.a. and compensation of Rs. 5,50,000/- on account of mental agony and harassment OR to refund the deposited amount of Rs. 13,80,000/- alongwith 24% interest and damages to the tune of Rs. 8,000/- per month from July 2009 and compensation of Rs. 5,50,000/- towards mental agony and harassment alongwith 24% interest and Rs. 55,000/- towards litigation charges.

3. Notice of the complaint was taken by the complainant Dasti.  Notice was returned with affidavit stating that the officials of OP refused to accept the same.  Thus, they were deemed to have been served.  However, they did not put the appearance and were proceeded ex-parte. 

4.        In support of its complaint, the complainant has examined herself.  She has deposed on affidavit.  She has narrated the facts, which have been stated in the complaint.  She has also got exhibited copy of flat buyer agreement (Ex.CW-1/1colly), receipts of payment dated 22.06.2007 (Ex.CW-1/2 colly), allotment letter dated 21.06.2007 (Ex.CW-1/3) and copy of complaints published in the newspaper against OP-1 (Ex.CW-1/4 colly).

5.        We have heard the Ld. Counsel for the complainant and have perused the material placed on record.  From the testimony of the complainant which has gone unrebutted and the documents got exhibited such as flat buyer agreement (Ex.CW-1/1), receipts of payment dated 22.06.2007 (Ex.CW-1/2) and allotment letter dated 21.06.2007 (Ex.CW-1/3), it is evident that complainants got booked a flat against which payments were made from time to time.  They were allotted the same and flat buyer agreement was got executed.  Since under the flat buyer agreement (Ex.CW-1/1),  M/s. Shreya Developwell Private Limited (OP-1) was to hand over possession of the flat within a time of 24 months which they have failed to do so, certainly, the delay in handing over the possession to the complainants amounts to deficiency in service.  By not handing over the possession to the complainants within the stipulated period, the complainants have also suffered mental pain and suffering. 

           It has also come on record that flat buyer agreement was executed on 21.06.2007 and the flat was to be handed over within 24 months i.e. in the month of June, 2009.  Under the flat buyer agreement, M/s. Shreya Developwell Private Limited (OP-1) was to pay the compensation to the complainants @ Rs. 5/- per sq. ft. of the super area of the flat per month.  The super area of the flat being 1600 sq.ft., the compensation comes to   Rs. 8,000/- per month.  Since the possession has not been handed over to the complainants, OP-1 have to pay a sum of Rs. 8,000/- per month on account of delay in handing over the possession.  That being so, no separate compensation on account of mental pain and suffering can be awarded.

During the course of arguments, it has been pointed by Ld. Counsel for the complainant that major stake in the project of  M/s. Shreya Developwell Private Limited (OP-1) have been taken over by M/s. Sangwan Heights Private Limited (OP-2).  The fact that M/s. Shreya Developwell Private Limited (OP-1) who have executed the flat buyer agreement have failed to hand over the possession to the complainants and the major stake in the said project has been taken over by M/s. Sangwan Heights Private Limited (OP-2), the liability of M/s. Shreya Developwell Private Limited   (OP-1) shifts to M/s. Sangwan Heights Private Limited (OP-2).  As far as M/s. PNB Housing Finance Ltd. is concerned, there is no privity of contract between the complainant and M/s. PNB Housing Finance Ltd.  That being so, no liability can be fastened on M/s. PNB Housing Finance Ltd.

In view of the above, we order that M/s. Sangwan Heights Private Limited (OP-2) shall refund the deposited amount of Rs. 13,80,000/- to the complainants and Rs. 20,000/- on account of cost of litigation.  We further award compensation @ Rs. 5/- per sq. ft. of the super area of the flat of 1600 sq. ft. i.e. Rs. 8,000/- per month from July 2009 till the date of realization.  This order be complied within a period of 45 days.  If the order is not complied within the stipulated period, the total awarded amount of   Rs. 14,00,000/- shall carry interest @ 9% from the date of receipt of order.

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

File be consigned to Record Room.

 

 

(HARPREET KAUR CHARYA)                                       (SUKHDEV SINGH)

Member                                                                     President