Delhi

East Delhi

CC/48/2014

DEEPALI - Complainant(s)

Versus

STAR CITY BUILDHOME - Opp.Party(s)

25 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. 48/14

 

Ms. Deepali Gupta

D/o Shri S.K. Gupta, Advocate

108, Rishab Vihar, Karkardooma

Delhi – 110 092                                                                           ….Complainant

 

Vs.

 

1. Star City Buildhome (P) Ltd.

Avalon Group

5, 3^rd Floor, City  Mart, Sohna Road

Gurgaon – 122 001, Haryana

 

2. Avalon Infrastructures Pvt. Ltd.

5, 3^rd Floor, City  Mart, Sohna Road

Gurgaon – 122 001, Haryana                                                        ….Opponents

 

Date of Institution: 31.03.2014

Judgment Reserved on:25.11.2016

Judgment Passed on: 06.12.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Shri Sukhdev Singh (President)

 

JUDGEMENT

The complainant Ms. Deepali Gupta has filed a complaint under Section 12 of the Consumer Protection Act against Star City Buildhome Pvt. Ltd.(OP-1), and Avalon Infrastructures Pvt. Ltd. (OP-2) for deficiency in services. 

2.        Complainant, in pursuance of the advertisement given by Star City Buildhome Pvt. Ltd.(OP-1), booked three bedroom flat on 28.06.2009 through their agent M/s. Paras Real Estate in Avalon Residency, Bhiwadi.  An amount of Rs. 1,60,000/- by way of cheque of dated 30.06.2009 was handed over to the agent.  It was stated that project will be completed within 30 months.  Total cost of the flat i.e. Rs. 16.95 lakhs was payable in four instalments of 10%, six instalments of 7.5%, one instalment of 10% and 5% at the time of possession.  OP-1 made demand of instalments from time to time.  All the payments were made well within due dates except one and two instalments, where there was negligible delay of 1 or 2 days.  However, OPs charged simple interest of 18% p.a. to 24% compounded quarterly.  This amount came as Rs. 26,541/-, which was shown as payable from June 2009 to February 2013, which was not payable.

            It has further been stated that since the complainant was in need of some funds, she decided to dispose off flat B-1/101 in Avalon Residency, Always Bypass Road, Bhiwadi, Rajasthan and approached in the month of November 2013 for NOC.  However, the same was refused until the complainant was to pay the transfer charges, holding charges, maintenance charges, documentation charges and IFMS charges.  It has been stated that these charges were not payable.  As the construction, as agreed was not completed within the time frame of 30 months, the construction started on 30.07.2009 and completed on or before 30.12.2012 i.e. in 41 months.  It has been stated that the complainant cleared all the dues on 15.02.2013 amounting to Rs. 1,18,235/- much before the due date given in the letter of dated 31.01.2013.  Thus, it has been stated that OPs by charging transfer charges, holding charges, maintenance charges and IFMS charges etc. etc. have indulged in unfair trade practice/deficiency in services.  Therefore, the complainant has prayed for refund of Rs. 9,02,964/- alongwith interest @ 18% on account of transfer charges, holding charges, maintenance charges and IFMS charges, penal interest, payment of rent, harassment etc. etc.  alongwith litigation charges.  

3.        In the written statement, Star City Buildhome Pvt. Ltd. (OP-1) have taken the plea that this forum was not having jurisdiction as there was an arbitration clause.  The complainant did not adhere to the payment schedule.  They have sold the flat to Shri Praval Jain.  The said flat has been transferred in favour of Shri Praval Jain at the request of the complainant.  It has been stated that it was the duty of the buyer/complainant to clear all the dues before applying for NOC or transferring the flat in the name of prospective buyer.  The complainant has sold the flat for a total consideration of Rs. 23,50,000/- on 10.11.2013.  Possession was given on 31.01.2013.  Other facts have also been denied.

4.        The complainant has filed rejoinder to the WS of OP, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.        In support of its complaint, the complainant has examined herself.  She has deposed on affidavit, in which she has narrated the facts, which have been stated in the complaint.  She has also got exhibited documents, such as letter of dated 23.08.2010 (Ex.A).

            In defence, OP have examind Shri Manoj Singhal, AR of M/s. Star City Buildhome Pvt. Ltd.(OP-1).  He has also deposed on affidavit and have deposed the facts, which have been stated in the WS.  He has also got exhibited documents, such as authorisation letter (Ex.RW1/1), agreement (Ex.RW1/2), agreement to sell executed in favour of           Shri Praval Jain dated 27.09.2013 (Ex.RW1/3), letter of request for transfer (Ex.RW1/4), letter of offer of possession dated 31.01.2013 (Ex.RW1/5), service tax (Ex.RW1/6) and agreement for sale to different buyers (Ex.RW1/7).

6.        We have heard Ld. Counsel for the parties and have perused the material placed on record.  it is admitted fact that the complainant have sold the flat to Shri Praval Jain.  Her only grievance was with regard to some of the charges, which were not leviable before transfer.  These charges have been stated as holding charges, maintenance charges, documental charges, IFMS charges, payment of rent etc. 

During the course of arguments, counsel for OP have failed to explain with regard to the charges levied by OPs before transfer of the flat.  When the request for transfer of the flat have been made by the complainant, certainly, the complainant was not liable to pay holding charges, maintenance charges, documental charges, IFMS charges, interest @ 18% p.a. from February 2013 to December 2013 and penal interest.  The fact that OPs have charged these amounts which were not chargeable at all before issuance of NOC, certainly, the complainant was to be refunded the amount as follows:-

Transfer Charges                Rs.   38,090.00

Holding Charges                 Rs.   53,674.00

Maintenance charges       Rs.     6,350.00

Documentation charges   Rs.     7,866.00

IFMS Charges                      Rs.  23,000.00

                        Total               Rs.1,28,980.00

 

The fact that OPs have charged these amounts before issuance of NOC, certainly, the same amounts to unfair trade practice as well as deficiency in service.  Therefore, we order that the complainant be refunded the amount of Rs. 1,28,980/-.  The amount be refunded within a period of 30 days from the date of receipt of the order.  If the order is not complied within the stipulated period, the awarded amount of       Rs. 1,28,980/- will carry interest @ 9% p.a. from the date of filing till its 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