DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.815/2009
Sh. Rajiv Gupta
S/o Sh. Kali Charan
R/o H.No. H-16/165,
Arya Samaj Road,
Bapa Nagar, Karol Bagh,
New Delhi-110005 ….Complainant
Versus
M/s VXL Realtors Pvt. Ltd.
Through its Director/Principal Officer
5th Floor, Ajit Singh House,
12, DDA Commercial Centre,
Yusuf Sarai, New Delhi-110049 ……Opposite Party
Date of Institution : 12.11.09 Date of Order : 30.04.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that he had applied for a flat in the project of OP, namely, “Eastern Home” at Dasna, Ghaziabad U.P. and paid registration fees of Rs.71,000/- to the OP vide receipt No.10257 dated 19.02.07. Thereafter, he had deposited a sum of Rs.77,500/- as first installment and Rs.1,48,500/- as second installment and Rs.75,250 as third installment. The same were acknowledged by the OP. He visited the site and contacted the OP to know the progress of the project but the OP kept on lingering the matter on one pretext or the other. On 05.05.09, he had requested the OP to refund the entire amount alongwith interest as the OP failed to provide the possession of the flat within reasonable time. The OP vide letter dated 13.05.09 admitted the delay about the progress of the project and admitted the liability towards him and informed him that they will refund the money within 6 months. It is stated that as per the terms and conditions of the agreement the OP was liable to refund the entire amount within 3 months of the request made by the Complainant but till date OP has not refunded the amount. He sent a legal notice on 25.09.09 to the OP but OP had not replied the same. It clearly shows deficiency in service on the part of OP. The Complainant has prayed as under:-
- Direct the OP to refund the deposited amount of Rs.2,97,000/- towards principal amount alongwith interest @ 18% per annum from the due date till its realization.
- Direct the OP to pay Rs.1 lakh as compensation for harassment, mental agony and tension.
- Direct the OP to pay the cost of the proceeding.
OP in the written statement has stated that the complaint is not maintainable as the site of the subject flat is located at Ghaziabad. It is stated that there is no deficiency in service. The OP had acquired the project after acquisition of the project land and the OP requested the Complainant to shift in it’s ensuing project at Indirapuram, Ghaziabad but the Complainant himself was not interested to purchase the flat in the new project and sought refund without any bonafide reasons. As per the terms of the allotment agreement duly signed between the parties if the allottee wants the refund of the money the same can be made subject to deduction of 20% of the deposited money. The Complainant was the defaulter in making the installment of the payment and, therefore, he cannot take benefit of his own wrong. The OP assured the Complainant to refund the money within stipulated period of 6 months after completion of the requisite formalities for the refund. After scrutiny of the refund application form and per agreed terms of the flat buyer’s agreement no refund claim is viable after statutory deduction. The OP has given ample opportunity to the Complainant to shift in another ensuing project but he did not bother to change the flat. OP has prayed for dismissal of the complaint.
Complainant has filed rejoinder to the written statement of OP.
Complainant has filed his own affidavit in evidence while affidavit of Sh. Prabhjit Singh, Director has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments of the Counsel for Complainant and have also gone through the file very carefully.
Admittedly, the Complainant had applied for a flat with the OP in Eastern Home at Dasna, Ghaziabad and paid Rs.297000/- to the OP in all. As the said project was not started the OP had requested the Complainant to shift in its ensuing project at Indirapuram, Ghaziabad but the Complainant was not interested to purchase the flat in the new project and requested the OP on 05.05.09 to refund the deposited amount. The OP vide letter dated 13.05.09 informed the Complainant that “there is a big slow down in the real estate sector, due to which the cash flow of all the companies has been very badly effected” and they assured to refund the money within 6 months (for the purpose of identification we mark the document as Annexure-A).
OP could not compel the complainant to shift to a new project. Therefore, it is a clear case of deficiency in service on the part of the OP.
Therefore, we allow the complaint and direct the OP to refund Rs.2,97,000/- alongwith interest @ 9 % per annum from the date of filing of the complaint till realization, Rs.50,000/- for mental torture and harassment undergone by the Complainant including cost of the litigation within a period of 30 days from the date of receipt of copy of this order failing which OP shall become liable to pay Rs.2,97,000/- alongwith interest @ 18% per annum from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 30.04.16.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 815/09
30.04.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is allowed. OP is directed to refund Rs.2,97,000/- alongwith interest @ 9 % per annum from the date of filing of the complaint till realization, Rs.50,000/- for mental torture and harassment undergone by the Complainant including cost of the litigation within a period of 30 days from the date of receipt of copy of this order failing which OP shall become liable to pay Rs.2,97,000/- alongwith interest @ 18% per annum from the date of filing of the complaint till realization. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
