Delhi

North

CC/171/2021

AKASH DEEP LOHIYA - Complainant(s)

Versus

TULSIANI CONSTRUCTIONS & DEVELOPERS LTD. & ANR. - Opp.Party(s)

18 Mar 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No.:171/2021

 

Sh. Akash Deep Lohiya

1849, 2^nd floor,

Bhagirath Palace,

Delhi-110006.                                                …                         Complainant

 

                                                          Vs

 

Tulsiani Constructions & Developers Ltd.,

Through its Chairman/ Managing Director,

Plot No.3, Block ‘N’,  Green Park (main)

New Delhi-110016.                                                 …                         Opposite Party

 

ORDER

18/03/2024

 

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that:-

 

1. The complainant wanted to buy a flat for his father and read advertisements issued by the Opposite Party in various newspapers regarding the "Golf View Apartments" Lucknow being developed, constructed and sold by the Opposite Party. The Opposite Party make very high claims regarding the quality as well as very timely, prompt and efficient services to its customers. Believing in the said representations and high claims made by the opposite party  in print media high profile advertisement and the representations made by the Opposite Party, decided to purchase a flat developed and constructed by the Opposite Party despite the fact that the flat constructed by the Opposite Party was costlier than the other similar construction companies.
2. For purchasing the flat in question, the complainant contacted the Opposite Party in the month of March 2014 and the officials of the Opposite Party reaffirmed the high claims of the Opposite Party as advertised in media.
3. After the affirmation by the officials of the Opposite Party, the complainant decided to purchase the same and on 19.03.2014 the complainant paid an amount of Rs.20,00,000/- (Rupees Twenty Lakh Only) to the opposite party and the opposite party immediately allotted the property/ flat No.4C-410 to the complainant and in this regard, the opposite party also issued an allotment letter to the complainant. Copy of allotment letter has been annexed with the complaint as ANNEXURE C-2.
4. On very next day i.e. on 20.03.2014, the opposite party issued the receipt against payment of the complainant. Copy of receipt has been annexed with the complaint as ANNEXURE C-3.
5. Before making the payment of Rs.20,00,000/-, the complainant enquired from the officials of the opposite party regarding loan as the complainant was also in need of finance to purchase the above flat, upon which, the officials of the opposite party told the complainant that they have tie-up with some financers and they can help in finance. Thereafter, the officials of the opposite party called some financers who demanded the required documents from complainant which the complainant immediately provided but the finance was refused stating that according to their terms & conditions, the complainant was not eligible for the home loan.
6. Thereafter, again the officials of the opposite party assured the complainant that they will do some JUGAAD but when they failed to do any JUGAAD till 4th of May 2014 than seeing no-way, the complainant dropped the idea of purchasing a separate flat for his father and wrote a letter to the opposite party for cancellation of flat and refund of the amount paid. Copy of letter dated 05.05.2014 alongwith courier receipt has been annexed with the complaint as ANNEXURE C-4.
7. The Complainant has also purchased another flat from the Opposite Party which was, with the help of Opposite Party, financed by the ICICI bank but in that flat the Opposite Party and bank both have cheated the Complainant and for which the Complainant has filed a complaint case bearing number CC/53/2021 before the Hon’ble State Commission, Delhi and also lodged a FIR bearing number 0165/2021 in PS Shakarpur.
8. Thereafter the opposite party neither refunded the money nor arranged the finance for complainant till date.  The complainant is still ready for purchase the flat if the opposite party arrange the finance.

 

2.       Therefore, the Complainant has filed this complaint and has prayed that the opposite party may be directed either arrange the finance for complainant or refund the amount of the complainant i.e. Rs.20,00,000/- alongwith interest @ 18% per annum. It has also been prayed that the opposite party may be directed to pay Rs.5,00,000/- as compensation for harassment, mental agony & pain. The opposite parties jointly or severally may be directed to pay Rs.1,00,000/- as cost of present complaint. Any other or further order (s), which this Commission deem fit and proper under the facts and circumstances of the case may also be passed in the interest of justice.

 

3.       The Complainant has also filed copies of legal notice dated 22.10.2021, Postal receipt dated 28.10.2021, Tax Invoice dated 13.09.2021, Tax Invoice MI BMCP dated 16.10.2021 and service record dated 16.10.2021 alongwith the complaint.

 

4.       Accordingly, notice was issued to the OP to defend the complaint before this commission but the OP neither appeared nor did send any communication despite service of the notice. Since the OP chose not to appear despite service, has been proceeded Ex-parte and the allegations remained un-rebutted.

5.       The Complainant has filed evidence by way of Affidavit and Written Arguments. He has also led the oral arguments.

6.       Accordingly, the complaint has been examined on merit in view of the facts of the case and averments/documents/Evidence put forth by the complainant and it has been observed that:-

1. The Complainant has filed a copy of Allotment Letter dated 19.03.2014 relating to the allotment of the flat in question. This allotment letter mentions that “interest shall be levied on delayed payment as per terms and conditions of the application” which indicates that the allotment has been made to certain subject terms and conditions which were provided to the Complainant but the same has not been filed with the complaint to examine the gravity of deficiency on the part of the OP, alleged in the complaint.
2. The Complainant has  filed a copy of letter dated 05.05.2014 address to the OP seeking refund of Rs.20,00,000/- on the ground that the flat was to be financed by the financer, according to terms settled between both the parties and the OP has failed to make JUGAD in this regard. In this regard, the terms and conditions settled between the parties or any evidence on this issue, has not been filed by the Complainant to enable us to examine the gravity of allegations in the complaint.
3. The Complainant has also filed a complaint case bearing number CC/53/2021 before the Hon’ble State Commission, Delhi and also lodged a FIR bearing number 0165/2021 in PS Shakarpur against the same OP in case of purchase of another flat. The complaint has not explained as to whether any FIR has also been filed in the instant case or not? In case, no FIR has been filed, the complainant has not explained as to why the FIR has not been filed in the instant case.
4. It has been found that the letter seeking refund of Rs.20,00,000/- was sent on 05.05.2014 which is considered as the date of start cause of action which terminates on completion of period of 2 years as per the Provisions of CP Act.  Therefore, the complaint is also time barred as the Complainant has failed to prove that the cause of action continuing till the date i.e. 12.10.2021 of filing of the complaint.

4.       Therefore, in view of the above observations, we are of the considered view that the complaint is devoid of any merit being time barred and also without any evidence of the allegations levelled in the complaint. Hence dismissed with no costs.

5.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

ASHWANI KUMAR MEHTA                                         DIVYA JYOTI JAIPURIAR

Member                                                                              President       

                                                  DCDRC-1 (North)                                                     DCDRC-1 (North)