Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 470.
Instituted on : 16.08.2017.
Decided on : 08.07.2019.
Bhoopender Maun aged 48 years s/o Amar Singh, R/o A-1, Fire Station, Kautilya Marg, Chanakyapuri, Delhi-110021.
………..Complainant.
Vs.
1. Suncity Project Pvt. Ltd., through its Project Manager/Director, Suncity Township, Sector-35, Rohtak.
2. Suncity Buildcon Pvt. Ltd., through its Director, corporate office at Suncity Business Tower, 2nd Floor, Golf course Road, Sector-54, Gurgaon.
-
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
Present: Sh.Devender Hooda, Complainant in person.
Sh. Gulshan Chawla, Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant had booked flat no.M404 in residential project “Suncity Heights-Rohtak” in Sector-36-A at Rohtak from opposite parties on 20th July 2010 and paid Rs.320000/- vide receiptno.206 and Rs.55000/- as cash on the same day but no receipt was issued in respect of cash payment till date. That opposite parties assured complainant that they will complete the entire project within three years from the date of above said receipt. That on 30.05.2013 on demand of OPs, complainant has further paid Rs.222106/- on dated 30.05.2013 and Rs.260542/- on dated 30.09.2013. That opposite parties assured to provide possession in December 2013 but the same was not given. That complainant waited for couple of months till August 2014 but they were not ready to give possession or conveyance deed. That in the end of September 2014 complainant asked for refund of deposited amount alongwith interest but the same is not refunded to the complainant till date. That complainant has to go for official work abroad in Uganda in February 2015 and he came back in June 2017 and after coming back to India in June 2017, he was shocked to see the letter dated 05.05.2017, which shows that OPs are not ready to return money as per demand of complainant. That opposite parties failed to demand any amount since 2013 to 2017 as no demand letter was sent or delivered to the complainant personally or reminder and they are illegally showing huge interest which is illegal and amounts to deficiency in service. As such, it is prayed that the opposite parties may kindly be directed to refund the amount of Rs.857648/- alongwith interest, compensation and litigation expenses as explained in relief clause, to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that this Forum has no pecuniary jurisdiction to entertain the instant complaint, as the claim of the complainant is much beyond the ambit of pecuniary jurisdiction. That the present complaint is time barred and that the complainant is an investor and has not taken the present plot for his personal residential purposes. On merits, it is submitted that the complainant has deposited an amount of Rs.320000/- vide cheque no.500079 and the receiving of amount of Rs.55000/- in cash is denied. That the residential unit M404, 3BKH plus store was allotted to the complainant for basic price of Rs.2229060/- and other charges. That the contents regarding deposit of amount of Rs.222106/- and Rs.260542/- are matter of record. That intimation regarding draw of lots and allotment of the residential unit M404 in block M, admeasuring 153 sq. feet was duly intimated vide registered post, bearing letter dated 31.08.2013. That letter dated 11.11.2013 was served vide registered post alongwith letter dated 11,11.2013 to deposit the outstanding amount of Rs.597480/- and in response to the same, complainant deposited cheque no.86754 dated 05.12.2013 amounting to Rs.260542/-. Letter dated 31.12.2013 regarding change of address of answering respondent. Letters dated 16.06.2014, 20.08.2014, 01.09.2014, 09.10.2014, 20.11.2014 and reminder dated 12.12.2014 were served upon the complainant to deposit the outstanding amount. Demand letter dated 25.11.2016 served vide registered post dated 25.11.2016 . That complainant himself default in making the payment of installments in terms of agreement and therefore, is not entitled to refund of the deposited amount. All the other contents of the complaint were stated to be wrong and denied. That there is no deficiency in service on the part of opposite parties and dismissal of complaint has been sought.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C6 and has closed his evidence on dated 05.10.2018. Ld. counsel for the opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R3 and has closed his evidence on dated 13.12.2018.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. The objection as to commercial purpose was taken during the pendency of the complaint but OPs failed to place any cogent evidence or material which could prove that the flat was purchased for commercial purpose. Regarding the objection of pecuniary jurisdiction, the total relief claimed is less than Rs.20 lacs. So this objection is turned down. On the offer of the opposite parties, complainant paid the amount, which was accepted by the opposite parties. Hence the complainant is a consumer.
6. In the present case, it is not disputed that the allotment letter was issued on dated 10.10.2013 and that the complainant has deposited an amount of Rs.802648/-, which is also proved from the receipts Ex.C1 to Ex.C3. The contention of complainant is that due to some business purpose, he had to go abroad in the year 2015 and came back in 2017. In support of his contention, he has placed on record documents Ex.C6. It is further contended that opposite parties failed to demand any amount since 2013 to 2017 as no demand letter was sent or delivered to the complainant and in the year 2018, they are illegally demanding the huge amount including interest and arrear etc. vide letter Ex.R21 amounting to Rs.4601357/- from the complainant which is highly illegal and complainant is unable to pay such a huge amount in one go. . On the other hand, contention of opposite parties is that they have sent several letters dated 16.06.2014, 20.08.2014, 01.09.2014, 09.10.2014, 20.11.2014, 12.12.2014 and 25.11.2016 which were served upon the complainant through registered post, to deposit the outstanding amount but complainant did not pay any heed and now he is legally bound to pay all the outstanding amount alongwith interest etc.
7. After going through the file and hearing the parties, it is observed that as per the documents placed on record, it is proved that complainant had gone to foreign in the year 2015 and came back in 2017 and he did not receive any demand letter from the opposite party. However, he has received the demand letter dated 05.05.2017 placed on record as Ex.C4 for Rs.3480954/- including arrears, interest, penalty on the delayed payment but the complainant was not in a position to deposit such a huge amount. The complainant is ready to deposit the basic price of plot but the same was refused by the opposite parties. As such, opposite parties are liable to refund the amount deposited by the complainant alongwith interest.
8. In view of the facts and circumstances of the case, complaint is allowed and it is directed that opposite parties shall refund the amount deposited by the complainant of Rs.802648/-(Rupees eight lac two thousand six hundred and forty eight only) alongwith interest @ 9% from the date of deposit of alleged amount till its realisation and shall also pay a sum of Rs.25000/-(Rupees twenty five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
9. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
08.07.2019.
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Nagender Singh Kadian, President
………………………………..
Renu Chaudhary, Member.
