Delhi

StateCommission

CC/41/2014

MS. RAJNI BHALLA & ANR. - Complainant(s)

Versus

THE DELHI STATE NEWSPAPER EMPLOYEES FEDERATION C.G.H.S. LTD. - Opp.Party(s)

21 Sep 2016

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

                                                Date of Arguments: 21.09.16

Date of Decision:    28.09.16

 

Complaint No, 41/14

 

In the matter of:

Ms. Rajni Bhalla

                 w/o Mr. Sharad Shashank Bhalla

                 R/o RZ-29A, Gali No. 4

                 Raghu Nagar, Pankha Road

                 New Delhi-110045

 

Mr. Shashank Bhalla

S/o Sh. Satya Bhalla

R/o RZ-29A, Gali No. 4,

Raghu Nagar, Pankha Road,

New Delhi-110045.                                           ........Complainants

 

                                      Versus

 

 

 

The Delhi States Newspaper Employees

Federation C.G.H.S.Ltd.,

Plot No. 1, Sector 19,

•  

New Delhi-110045                                        .......Respondent                      

 

CORAM

                                                                                               

O.P. Gupta, Member (Judicial)

 

1.         Whether reporters of local newspaper be allowed to see the judgment? 

 

•  

 

2.   To be referred to the reporter or not? Yes

 

 

JUDGEMENT

        The case of the complainants is that they are joint members of OP and their membership no is 235 (old no. 151). They became members of the society in 2003 and paid Rs. 6010/- on accound of share money and admission fee.  They further paid Rs. 6,80,000/- to the OP against purchase of type B flat to be constructed by the OP on plot No.1, Sector-19, Dwarka, New Delhi-75. Copy of receipt is Annexure C-3. They visited  Mr. Subhash Dabas elected member of the OP who demanded Rs. 3,50,000/- as premium for type  B flat. Said Mr. Subhash Dabas told that if complainant would fail to pay premium within two days, the same would result in cancellation of type B flat. The complainants handed over two cheques of Rs. 3,00,000/- and Rs. 50,000/- but name of the payee was left blank in the said cheques as per instructions of Mr. Subhash Dabas so that spellings of society name may not be written wrongly. Later on complainant came to know that the said cheques were encashed in the name of Suman Sapra. Mr. Subhash Dabas told the complainant that the same would be adjusted against the complainant’s type B flat but to no use.

2.       OP appointed Khurmi Associates (P) Ltd. as architect. Estimated cost of type B flat booked by complainant was stated to be Rs. 24,25,000/- which included cost of land, air conditioning and  construction of Type B flat.  Architect conveyed tentative date of completion of project as March 2006 vide letter dated 10.12.03.  Vide same letter the architect informed the complainant that Rs. 1,30,000/- would be charged extra for fire fighting, central telephone system, LPG pipe line, lifts, architect fee and Rs. 1,90,000/- would be charged for cost of health club in basement, transformers. Cost of optional items such as furniture, lighting and car parking was mentioned as Rs. 1,50,000/-.  The total estimated cost was  Rs. 27,45,000/- which was paid as per schedule of payment.

3.       On 8.11.05 DDA allotted a plot on perpetual lease basis.  Complainant applied for home loan in State Bank of Patiala, Branch Office at C-3, Community Centre, Janakpuri, Delhi for remaining cost of flat.  OP gave NOC dated 20.12.03.  Bank entered tripartite agreement dated 22.09.06 to sanction and disburse loan directly to the OP.  The bank paid Rs. 24,15,000/-directly to OP and the OP issued receipt No. 273 dated 26.10.06.  Till 27.09.06 complainant paid Rs. 34,45,000/-.  On 25.1.10 they further paid Rs. 2,00,000/- on account of statutory expenses to OP as per demand letter dated 08.01.10.

3.       In October 2011 Shri Ranjeet Singh the then Secretary of OP issued letter dated 23.10.11 communicating that completion certificate dated 19.10.11 has been issued by DDA and requested the complainant to submit affidavit of indemnity as approved by Registrar, Cooperative Societies.  The complainant submitted the affidavit of indemnity.  Vide letter dated 29.05.12 the same Secretary communicated that complainants name has been approved by Registrar Cooperative Societies for draw of lot to be held on 19.06.12 at 2.30 p.m in auction hall of DDA, Vikas Sadan, New Delhi. It was also intimated that in meeting held on 20.05.12 managing committee decided to demand Rs. 5,00,000/-on account of miscellaneous work to be done for the security purpose before final handing over the possession.  The complainant was surprised as completion certificate has already been issued by DDA.

4.       On 19.06.12 flat No. 501-B was declared to be allotted in the name of complainants.  They time and again approached the OP to get allotment letter and possession. The office bearers demanded Rs. 5,00,000/- for miscellaneous work to be done for the society.  The complainant paid the same under protest. They applied for loan and the bank vide letter dated 27.05.13 requested the OP to provide allotment letter, site plan, no dues certificate. The OP did not respond.  Complainant received letter dated 20.11.13 claiming Rs. 24,10,000/- plus interest on Rs. 33,07,362/- for the complainant against flat in question.  It is not clear on what account the said demand was made.  The complainants are constrained to live in rented accommodation by paying huge rent.  They are paying huge interest on loan taken by them. Hence this complaint for directing OP II to hand over actual physical possession of Type B flat No 501-B Plot No. 1, Sector-19, Dwarka to complainant in fully furnished condition including AC, furniture, car parking, LPG gas pipe line, facility of health club, centre telephone system, to hand over allotment letter and to pay Rs. 50,00,000/- as compensation plus Rs. 55,000/- as cost of litigation.

5.       OP was served for 29.08.14 by RAD and 03.11.15 (dasti).  None appeared for the OP and it was proceedeed exparte vide order dated 03.11.15.

6.       In ex-parte evidence complainant has filed affidavit of complainant No. 1 .  She has reaffirmed the averments made in the complainant.  She has filed copy of statement of bank account.

7.       In view of the unrebutted affidavit of complainant No. 1 coupled with documents available on record,  there is no reason to disbelieve the case of the complainant.  The act of the OP in demanding Rs. 24,10,000/- plus interest of Rs. 37,07,362/- vide letter dated 20.11.13 is unjust, unfair as the complainant has already paid Rs. 36,33,000/-.

8.         OP is directed to hand over the possession of type B flat No. 501-B, Plot No. 1, Sector-19, Dwarka, Delhi-45 and hand over original allotment letter of the said flat.  OP is also directed to pay Rs. 3,00,000/- as compensation for mental harassment as complainants are running from pillar to post since 2003 till date.

8.       The order shall be complied with within two months failing which complainant would be entitled to invoke section 25/27 of consumer protection Act.

Copy of order be sent to both the parties free of cost.