Haryana

Ambala

CC/142/2016

Raj Kumar - Complainant(s)

Versus

Vatika Ltd - Opp.Party(s)

Satpal Singh

09 Feb 2018

ORDER

                                  BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                        Complaint case no.  : 142 of 2016

                                                                        Date of Institution    : 14.03.2016

                                                                        Date of decision       : 09.02.2018.

 

1. Raj Kumar Mahandru son of Sh.Mohan Lal age about 50 years.
2. Smt.Anita Mahandru wife of Sh.Raj Kumar Mahandru both residents of H.No.179, Sector 9, Urban Estate Ambala City.

 

……. Complainants.

Vs.

 

1. M/s Vatika ltd. 7^th Floor, Vatika Triangle, Sushant Lok, Phase 1, Gurgaon through its authorized signatory.
2. Vatika Ltd.Vatika City Park Sector 23 Ambala City through its authorized signatory.

 

 ….….Opposite Parties.

 

Before:           Sh. D.N. Arora, President.

                        Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                              

 

 

Present:          Sh. Satpal Singh, counsel for the complainant.

Sh. S.K.Mehta, counsel for OPs.

 

ORDER:

                        In nutshell, brief facts of the present complaint is that the complainants have purchased a plot bearing No.7 Street-A/2 in Sector 23, at Vatika City Central @ Rs.5500/- per sq.yards vide agreement dated 11.05.2010 and also opted for construction link payment plan vide letter dated 04.05.2011 by paying a sum of Rs.1,65,000/-  at the time of booking of plot. They have paid Rs.6,60,000/- in four installments of Rs.1,65,000/- each. The complainants were taken by surprise when the OPs issued account statement dated 01.07.2015 because the construction was to   complete in July, 2015 and the installments were also due on 17.07.2015 but they have already paid the amount in the year 2011.  The Ops deliberately and malifidely have taken the amount in advance without giving any interest to the complainants for the period from 16.06.2011 to 17.07.2015. They have further paid Rs.7,40,828/- on 17.07.2015 after issuance of possession letter as per terms and conditions of agreement but they neither paid any interest on the payment already received for the period from 16.06.2011 to 17.07.2015  nor adjust the same in the account of the complainants. The Ops are deficient in providing service to the complainants and they also indulged in unfair trade practice. In evidence, the complainants have tendered affidavit Annexure C1 and documents Annexure C2 to Annexure C10.

2.                     Upon notice, Ops appeared and filed their joint reply wherein preliminary objections such as estoppal, time barred and concealment of material facts have been taken. It is submitted that work at site was of different status/level like leveling work at site, electricity work, streets, road work, sanitary work etc. and as per work status mount of installment was required but the complainants have not made the payment as per the agreement. The amounts in installments were received from the complainants for the development of work at the site which the complainants have failed to make the same as per schedule because they have not made the payment of Rs.1227673.64/- for possession of the plot rather they have paid only Rs.7,40,828/- which is less than the claimed amount, therefore, amount of Rs.4,86,745.64 + interest is due against the complainants.  There is no deficiency in service on the part of OPs and the complainants have no cause of action to file the present complaint. Other contentions have been controverted and prayer for dismissal of the complaint has been made.  In evidence, the Ops have tendered affidavit Annexure RX and documents Annexure R1 to Annexure R31.

3.                     We have heard learned counsel for the parties and carefully gone through the case file.

4.                     During the proceedings of this case learned counsel for the OPs have a following statement:

Stated that on 01.07.2015 letter for possession issued to the complainant by the office of the Ops in which total amount of Rs.12,27,673.64/-  and the due date for payment dated 17.07.2015 in this connection. Complainants made the payment of Rs.7,80,000/- on 27.08.2015 which was received by the OPs on 27.08.2015. There is no delay for possession on the part of OPs as per clause of para 9 of agreement and the remaining amount of Rs.4,47,673.64/- + interest is still pending towards the complainant.

Thereafter, the complainant No.1 made a statement which is as under:

The OPs has to pay the interest on Rs.6,60,000/- for the period when the amount was deposited on 18.08.2010, 09.05.2011, 24.05.2011 and 16.06.2011 in equal four installments of Rs.1,65,000/-  respectively. However, I am interested to take the possession as per the statement of OPs above but the Ops be directed to pay the interest to me as amount paid to the OPs as mentioned in my statement.

 The case of the complainant is that as per schedule of payment the OPs had to receive further amount in the year 2015 but they have received amount of Rs.6,60,000/- on 18.08.2010, 09.05.2011, 24.05.2011 and 16.06.2011 in equal four installments of Rs.1,65,000/-  respectively. Undisputedly, the possession of the plot was offered to the complainant on 01.07.2015. The Ops have come with the plea the payment which the complainant had made, was received as per the construction work done from time to time but at the time of offering the possession an amount of Rs.4,47,673.64/- + interest was still pending towards the complainant. There is nothing on the case file to authenticate the plea of the Ops that the construction work was going on and the installments were received from the complainant qua this.

                                    Keeping in view the facts and circumstances of the case as well as of the statement it would be appropriate if we direct the Ops to pay the interest as per agreement to the complainant for the period from the respective dates of receiving of installments without starting the construction work at site because the payment was to be received in the year 2015. It is not disputed that the possession of the plot has already been offered by the Ops, therefore, it is the duty of the complainant to make the outstanding amount as per the schedule of agreement. Accordingly, the complainant is also directed to make the payment of Rs. Rs.4,47,673.64/- + interest as per the statement given before this Forum on 01.02.2018 as mentioned in the agreement to the OPs. Compliance of this order be made within a period of 60 days failing which both the parties are at liberty to file execution regarding this. President complaint is hereby disposed of keeping in view the above directions. Copy of this order be sent to the parties free of costs. File be consigned to the record room after due to compliance.

Announced on: 09.02.2018                                                                                                                                             

     (PUSHPENDER KUMAR)           (ANAMIKA GUPTA)       (D.N.ARORA)

                 Member                                  Member                           President                                                                                              District Consumer Disputes                                                                                 Redressal Forum, Ambala.