DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.810/2009
Sh. P. K. Jain
S/o Late Sh. Khajan Singh Jain
R/o E- 36, Shiv Mandir Lane No.14,
Pratap Nagar, Mayur Vihar-I,
Delhi-110091 ….Complainant
Versus
VXL Realtors Pvt. Ltd.
5th Floor, Ajit Singh House,
12 DDA Commercial Centre,
Yusuf Sarai, New Delhi-110049 ……Opposite Party
Date of Institution : 11.11.09 Date of Order : 02.01.17
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Complainant’ case, in short, is that he had booked a flat admeasuring 1080 sq. ft. in the “Eastern Homes Project” with OP on 19.04.2007 and paid Rs.1,40,400/- towards booking on 19.04.2007 and Rs.1,40,400/- as first installment on 16.08.2007, totalling to Rs.2,80,800/-. At the time of booking, he was assured that the possession of the flat will be delivered to him within a period of 12 months from the date of booking. When the possession of the flat was not given to the complainant even after 18 months from the date of booking, he approached the OP’s office asking the status of site and exact time of possession but OP replied to the complainant that the plan had not been sanctioned from the U. P. Govt. Authorities as such they were unable to inform the exact date of possession. On 28.11.2008 he applied for refund of the amount and the OP acknowledged the same on 02.12.2008 but the OP did not refund the amount. Again he sent letters dated 06.06.2009 & 17.07.09 to the OP and even sent a legal notice but the OP did not refund the amount till date. Hence, pleading deficiency in service and unfair trade practice on the part of OP the Complainant has filed the present complaint for issuing the following directions to the OP:
- Direct the OP to refund the deposited amount of Rs.2,80,800/- to the Complainant alongwith interest @ 18% per annum from the date of its deposit,
- Direct the OP to pay a sum of Rs.3 lacs as compensation to the Complainant on account of mental torture and harassment suffered by them due to the illegal acts and vindictive attitude of the OP,
- Direct the OP to pay Rs.10,000/- to the Complainant as litigation expenses borne by the Complainant.
OP in the written statement has inter-alia pleaded that the present complaint is not maintainable because the Forum has not got territorial jurisdiction as the site of the subject flat is located at Ghaziabad (UP). It is further stated that after acquisition of the project land OP had requested the Complainants to shift in its 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 reason. After thorough scrutiny of refund application form and as per the agreed terms and conditions of the flat buyers’ agreement no refund claim was viable after statutory deductions. OP had given ample opportunities to shift in another project but the Complainant refused the same. The OP has prayed for dismissal of the complaint.
Complainant has filed a rejoinder. It is stated that even as per the terms of application, the complainant was not bound to invest in other project and invested specifically in the subject project. It is further submitted that the OP was bound to return the money of the complainant if the possession is not given by them within 12 months of the date of booking.
Complainant has filed his affidavit in evidence. On the other hand, affidavit of Sh. Prabhjit Singh, AR/Director of the OP has been filed in evidence.
Parties have filed their written arguments.
We have heard the arguments on behalf of the complainant and have also gone through the file very carefully.
Undeniably the registered office of the OP is in Yusuf Sarai, New Delhi which falls within the territorial jurisdiction of this Forum. Hence, this Forum has the territorial jurisdiction to entertain the complaint.
Admittedly, the Complainant had applied for a flat admeasuring 1080 sq. ft. in the “Eastern Homes Project” with OP on 19.04.2007 and paid Rs.1,40,400/- towards booking on 19.04.2007 and Rs.1,40,400/- as first installment on 16.08.2007, totalling to Rs.2,80,800/-. 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. Complainant vide several letters (copies placed on the file) asked the OP to refund the amount. These letters include letters dated 02.12.08 (copy Ex. CW/B), 06.06.09 (copy Ex. CW/D) and even sent a legal notice dated 20.08.09 (copy Ex. CW/F) but the OP did not pay the amount. It is evident from the record that the OP had requested the Complainant to shift in its ensuing project at Indirapuram. The Complainant was not interested to purchase the flat in the new project and requested the OP to refund the amount.
OP could not compel the Complainant to shift to a new project and, therefore, it is a clear case of deficiency in service and unfair trade practice on the part of the OP.
In view of the above discussion, we allow the complaint and direct the OP to refund Rs.2,80,800/- alongwith interest @ 18 % per annum (which interest the OP is entitled to claim from a defaulting customer in the case of delayed payment as per clause 5 of the brochure form) from the date of filing of the complaint till realization, Rs.50,000/- for mental torture and harassment undergone by the Complainants 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.2,80,800/- with interest @ 21% p.a. 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 02.01.17.
