DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

Case No.85/21

Smt. Sunil Bala

W/o Shri V.V. Chhikara

R/o House No.09, Sector-30

Kurukshertra (Haryana) 136118.                               .…Complainant

                                                VERSUS

VXL Realtors Private Limited

Having its registered office at

6^th Floor Ajit Singh tower

12 DDA Commercial Centre

Yusuf Sarai, New Delhi-110049.                                ….Opposite Party

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Sh. U.K. Tyagi, Member

ORDER

Date of Institution:24.02.2021

Date of Order       :24.03.2023

Member: Shri U.K.Tyagi

Complainant has requested to pass an award directing M/s VXL Realtors Pvt. Ltd. (hereinafter referred to as OP) to refund of Rs.19,09,000/- alongwith interest @ 24% from the date of booking till realisation; (II) to pay Rs.50,000/- towards compensation for mental agony etc.; (III) to grant litigation expenses to the tune of Rs.25,000/- etc. etc.

Brief facts of the case are as under:-

1. The complainant booked two BHK flats with super area of 900 Sq. Ft. vide application No. VXL/EH/471/10.11 dated 02.03.2006 in a project of OP in Eastern Heights at Nyay Khand III, Indirapuram, Ghaziabad UP. A letter of allotment dated 29.08.2010 was executed between OP and complainant whereby a unit in Block-B6 flat No.402 in the said project of OP was allotted to the complainant.  As per said allotment letter, the complainant agreed to pay Rs.17,99,537/- as total sale consideration.  As per said allotment letter, the OP should have completed all the construction work within 12 months from the date of aforesaid letter.  It seemed that the OP was not interested in completion of the project. The construction of the said project could not be completed.  Hence, the OP has violated the terms and conditions of allotment which amounts to unfair trade practice under section 2(47) of the CP Act, 2019.
2. It was stated that the complainant had made payment of Rs.19,09,000/- against the agreed total cost of Rs.17,99,537/-.  The complainant moved from pillar to post for the possession of flat.  It seemed that the intentions of the OP from the very beginning were not bonafide and was liable for the action engaged in unfair trade practice.  He also got the legal notice of demand notice dated 04.12.2017 sent to the OP.  Finding no resolution, hence the complaint.
3. On the other hand, the OP was sent notice from the Forum and the same was served upon him as per track record report. Even then, the OP chose to be absent from the proceedings of the Commission.
4. Notice was again sent served on OP on 28.05.2022 but again none was present on 08.06.2022.  The OP was proceeded ex-parte.
5. The complainant filed ex-parte evidence and written submissions.
6. This Commission has looked into the entire material placed on record.  Due consideration was given to the arguments.  As stated earlier, the complainant made the payment of Rs.19,09,000/- as against the agreed cost of Rs.17,95,537/-.  As per Schedule ‘A’ of the allotment letter dated 29.05.2010; total payment to be paid is shown Rs.18,48,750/- and payment Schedule including preferential location etc. is shown as under:-

• At the time of booking = 15.0%
• Payment to be made within 30 days = 80%
• At the Possession time = 5%

7. Payment receipt etc. enclosed herewith seems to have been issued by OP is as under:-

8. From the above, it is clear that the payments in various dates from the date of booking i.e. 02.03.2006 before the allotment letter dated 29.05.2010 were allowed.  The OP had not raised any objection with respect to the payments made above.  Payment schedule annexed to the allotment letter dated 29.05.2010 gives time line otherwise.
9. The complainant had earlier filed complaint No.157/18.  the same was withdrawn by him/her on 25.03.2019 as a settlement agreement was executed between both the parties on 09.03.2019.  As per the settlement, the complainant was to make the payment of Rs.3.5 Lakhs and OP was to complete the construction of subject flat i.e. No.B-6/402 at Eastern Heights on or before 31.08.2019.  The complainant made the payment of Rs.2.80 Lakh against the total payment of Rs.3.5 Lakh but OP did not complete the construction.  The first instalment of Rs. 2 Lakh under this settlement was made on 15.03.2019 and Rs.80,000/- i.e. 2^nd instalment was paid on 28.04.2019 while the 3^rd instalment of Rs.70,000/- was to be made at the time of possession of flat in question.  The OP did not complete the construction on or before 31.08.2019. Hence this complaint again.

After having considered the facts and circumstances in the case, this Commission is convinced that the OP is short of obligation and deficient in services.  Therefore, the OP is directed to refund the entire payment made including the settlement amount paid by the complainant against the allotment of the subject flat B-6/402 in Eastern Heights; alongwith the interest @6% per annum from the date of each payment since the payments have been made in different dates, within 3 months from the receipt of this order failing which the rate of interest shall be levied @7% per annum till its realisation.

File be consigned to the record room after giving copy of the order to the parties as per rules. Order be uploaded on the website.