Haryana

Kurukshetra

CC/33/2022

Dr Manoj Kumar Joshi - Complainant(s)

Versus

Shree Vardhman Township Pvt Ltd - Opp.Party(s)

Anil Sharma

25 Jul 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA

 

                                                                    Complaint No.:    33 of 2022.

                                                                   Date of institution:         21.01.2022.

                                                                   Date of decision: 25.07.2022

 

Dr. Manoj Kumar Joshi s/o Shri Chandrann Joshi, r/o D-160, University Campus, Kurukshetra University, Kurukshetra-136119.

                                                                                                …Complainant.

                                                    Versus

 

1. The Senior Manager (Commercial), Shree Vardhman Township Pvt. Limited, Registered Office: 301, 3^rd Floor, Indraprakash Building, 21 Barakhamba Road, New Delhi-110001.
2. Shree Vardhman City, Sector-30, NH-1 Kurukshetra, Tehsil Thanesar, District Kurukshetra through its Director/Authorized Person/Incharge.

 

                                                                                      ...Respondents.

CORAM:   NEELAM KASHYAP, PRESIDENT.    

                   NEELAM, MEMBER.

                   ISSAM SINGH SAGWAL, MEMBER.           

 

Present:       Shri Anil Kumar Sharma, Adv. for the complainant.

                   Opposite Parties ex-parte vide order dated 24.03.2022.

 

ORDER:

 

1.                This is a complaint under Section 35 of the Consumer Protection Act, 2019.

2.                It is alleged in the complaint that the OPs company collected through some Kurukshetra based property advisors, a sum of Rs.4 lacs initially as a pre-launch offer for 300 sq. yards plot at Sector-30, Kurukshetra on 16.01.2012 and 01.02.2012 @8900/- per sq. yards plus EDC and IDC as admissible. The company through draw of lots, allotted plot No.C-126 measuring 300 sq. yards at Shree Vardhman City, Sector-30, Kurukshetra and executed an agreement with the complainant on 11.12.2012. The company had collected the following amounts from him up to 07.10.2014:-

Basic cost of plot No.C-126 = Rs.2292450/-

EDC & IDC = Rs.9,60,000/-

Interest paid due to late payment @24% per annum = Rs.40,300/-

Total amount paid to the company = Rs.32,92,750/-

                   The company issued a demand cum offer of possession on 11.06.2021 requiring the complainant to pay as per the following:-

1. Basic cost of the plot = Rs.404639.90
2. Sewer connection charges = 20,000
3. Water connection charges = 20,000
4. Electricity connection chares = 20,000
5. Duel electric meter chares = 25,000
6. Interest amount due upto 30.06.2017 = 48,453.05

          Total amount = Rs.5,38,092.95.

          Total amount excluding interest = 4,89,639.9

          b)      Appendix – B

          a.       Final EDC & IDC @4060 per sq. yards including CGST & SGST = 2,73,340.60

          c)       Appendix- C

a.       Interest free maintenance security deposit @100/- per sq. yard = 30,001/-.

b.       Maintenance charges @2.5/- per sq. yards for 12 months including CGST & SGST = 10,620.36.

d)      Appendix – D

a.       Stamp duty amount – 2,74,100/-.

b.       Registration chares = 20,003

c.       Legal and administration charges including CGST & SGST = 3,540/-

Total amount = 2,97,643/-

Total excluding a and b above (registry to be done later) = 3,540/-

3.                That on receipt of the above demand cum offer of possession letter, the complainant requested the company multiple times (vide emails dated 18.6.2021, 3.7.2021, 8.7.2021, 9.7.2021, 23.7.2021 and 13.8.2021) to waive off the remaining amount of interest i.e. Rs.48453.05, but all in vain. The complainant made the final payment of all necessary dues, except the interest amount i.e. Rs.48453.05 within the required period. He made payment on Shree Vardhman Township Pvt. Ltd. account in Union Bank bearing No.369701010036754 on 09.07.2021 on UTR numbers SBINR52021070932195049 for Rs.766520.50 (489639.90 + 273340.60 + 3540) and SBIN521190615788 for Rs.40621.36. On 28.07.2021, the Kurukshetra office of the company called and got the signature of complainant on possession papers to be signed by both the parties and informed that the possession papers will be sent within a week. On verbal inquiry, it was told that possession papers will be sent only after payment of one third of the remaining interest amount. The act and conduct of the OPs amounts to breach of trust, deficiency in service as well as unfair trade practise. Having no other option left, he sent legal notice dated 17.09.2021 through registered post to OP No.1 through his counsel in this regard, but the OPs neither replied the same nor issued the possession letter to him, due to which, he suffered mental agony, physical harassment and financial loss, constraining him to file the present complaint against the OPs.

4.                On receipt of complaint, notice was ordered to be issued against the OPs through registered post, which was delivered to them on 07.02.2022 & 14.02.2022, but they failed to appear before the Commission and was proceeded against ex-parte vide order dated 24.03.2022, passed by this Commission.

5.                In order to support his case, complainant tendered affidavit Ex.CW1/A along with documents Ex.C-1 to Ex C-31 and closed the same.

6.                We have heard the learned counsel for the complainant and gone through the case file carefully.

7.                Learned counsel for the complainant argued that the OPs company through draw of lots, allotted plot No.C-126 measuring 300 sq. yards at Shree Vardhman City, Sector-30, Kurukshetra and executed an agreement with the complainant on 11.12.2012. Basic cost of plot No.C-126 was Rs.2292450/-. EDC & IDC was Rs.9,60,000/-. Interest paid due to late payment @24% per annum was Rs.40,300/-, total amount paid to the company was Rs.32,92,750/- and the company issued a demand cum offer of possession on 11.06.2021. He further argued that on receipt of the above demand cum offer of possession letter, the complainant requested the company multiple times (vide emails dated 18.6.2021, 3.7.2021, 8.7.2021, 9.7.2021, 23.7.2021 and 13.8.2021) to waive off the remaining amount of interest i.e. Rs.48453.05, but all in vain. The complainant made the final payment of all necessary dues, except the interest amount i.e. Rs.48453.05 within the required period. He further argued that the complainant made payment on Shree Vardhman Township Pvt. Ltd. account in Union Bank bearing No.369701010036754 on 09.07.2021 on UTR numbers SBINR52021070932195049 for Rs.766520.50 (489639.90 + 273340.60 + 3540) and SBIN521190615788 for Rs.40621.36. On 28.07.2021, the Kurukshetra office of the company called and got the signature of complainant on possession papers to be signed by both the parties and informed that the possession papers will be sent within a week. On verbal inquiry, it was told that possession papers will be sent only after payment of one third of the remaining interest amount. The act and conduct of the OPs amounts to breach of trust, deficiency in service as well as unfair trade practise.

8.                There is no dispute that the complainant booked 300 sq. yards plot at Sector-30, Kurukshetra @Rs.8900/-, vide Advance Registration Form Ex.C-1, Down Payment Plan Ex.C-2 and paid advance payment of Rs.4,00,000/-, vide receipts Ex.C-3 to Ex.C-6 dated 02.03.2012 respectively. On 30.05.2012, the OPs issued Allotment Letter Ex.C-7 to the complainant. In this regard, an agreement was executed between the complainant and OPs on 11.12.2012 Ex.C-8 and as per that, the OPs will complete the development of said colony within 36 months from the date of execution of said Agreement i.e. on 11.12.2012. The complainant paid the remaining payment of Rs.22,97,000/- + Rs.32,92,750/- (i.e. basic cost of plot Rs.22,92,450 + EDC & IDC Rs.9,60,000 + Rs.40,300 interest due to late payment) vide receipts Ex.C-6, Ex.C-9 to Ex.C-13, Ex.C-15 to Ex.C-20 and this fact is also established from Statement of Account of complainant Ex.C-21.

9.                The first grievance of the complainant is that as per the agreement Ex.C-8, the OPs were required to complete all the development work of said colony within 36 months i.e. till 10.12.2015, from the date of execution of said Agreement on 11.12.2012, but till date, they had neither provided the possession of said plot to him nor completed all the development work there. The above contentions of the complainant was duly supported with the documentary evidence Ex.C-1 to Ex.C-31, whereas, on the other hand, none of the OPs have appeared before this Commission, to rebut the above-said contentions of the complainant and opted to be proceeded against ex-parte. So, evidence adduced by the complainant goes unrebutted and unchallenged, against the OPs and thus, we have no option, but to accept the version of the complainant, which is duly supported by his affidavit and other supporting documents. So, in view these facts and circumstances of the case, we are of the considered view that the OPs failed to provide the possession of the plot in question to the complainant as per agreement Ex.C-8 from the year 2012 till today, which is an act of gross deficiency in service on the part of the OPs.

10.              The complainant further contended that since the OPs did not deliver the possession of plot in question to the complainant within time, as per agreement Ex.C-8, therefore, the OPs are not liable to receive the interest amount on the delayed payment due up to 30.06.2017 amounting Rs.48,453.05 from the complainant. In order to support this contention, he placed reliance on case law titled R.K. Industries through Its Prop. Sh. Rajeev Kapoor, Complainant Vs. New Okhla Industrial Development Authority, 2015 (4) C.P.R. 153 (NC), wherein, it is held that “B. Consumer Protection Act, 1986 Sections 14,15,17,19 and 21 Real estate – Delay in possession – Possession of plot delivered by OP to complainant by charging only balance value of plot – No interest charged on said amount – Held, complainant shall not be liable to pay interest either on this amount or on delayed payments of previous installments as well – OIP not be liable to pay any interest on amount pending lying with them for long time- Complaint allowed – Direction issued to OP to hand over possession of plot to complainant”.  Since in the case in hand, there is also delay in providing the possession of the plot in question to the complainant by the OPs as per agreement Ex.C-8, therefore, in view of the above case law laid down by the superior Fora, we are of the considered opinion that the OPs are not liable to charge the interest amount due up to 30.06.2017 from the complainant due to not timely providing the possession of the plot in question.

11.              So, keeping in view the ratio of the law laid down by the superior Fora in the aforesaid case and the facts and circumstances of the present case, we are of the considered opinion that the OPs are liable to provide the possession of the plot in question to the complainant after completing all the development, as per agreement Ex.C-8. The OPs are also not liable to charge interest amount due up to 30.06.2017 amounting Rs.48,453.05, from the complainant. For their act of gross deficiency in service, the OPs are also liable to pay the compensation amount with litigation expenses, to the complainant.

12.              In view of our above discussion, we accept the present complaint and direct the OPs, jointly and severally, to provide the possession of the plot in question to the complainant after completing all the development work etc., as per agreement Ex.C-8, within the period of two months from the date of this order. The OPs are further directed not to charge the interest amount due up to 30.06.2017 amounting Rs.48,453.05, from the complainant. The OPs are further directed to pay Rs.1,00,000/- to the complainant, as compensation for mental agony and physical harassment, caused to him, due to an act of deficiency in service on their part for not providing the possession of the plot in question from the year 2012 to till date, along with litigation expenses of Rs.5,000/-, within a period of 45 days from the date of this order, failing which, the award amount of Rs.1,05,000/- shall carry interest @6% simple per annum from the date of this order till its actual realization and the complainant shall be at liberty to initiate proceedings under Section 71/72 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Dated:25.07.2022.

    

                                                                                       (Neelam Kashyap)               

(Neelam)                    (Issam Singh Sagwal)                   President,

Member.                    Member.                                                 DCDRC, Kurukshetra.

 

 

 

 

 

 

 

Typed by: Sham Kalra, Stenographer.