Delhi

North East

CC/363/2016

MRS. PUSHPA SACHDEV - Complainant(s)

Versus

WIANXX IMPEX PVT. LTD. - Opp.Party(s)

21 Sep 2022

ORDER

                                                                                     DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.363/16

 

In the matter of:

 

		Mrs. PushpaSachdev W/o Shri O.P. Sachdev R/o H.No.-513, Varun Enclave Sec-28, near DPS, Noida, U.P.		Complainant
		Versus
		Wianxx Impex Pvt. Ltd. Reg. Off. 1010 & 1011, Devika Towers 6, Nehru Place, New Delhi-110019		Opposite Party
			DATE OF INSTITUTION: ORDER RESERVED ON: DATE OF ORDER:		27.12.2016 16.08.2022 21.09.2022

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant booked a shop no. SF-45 second floor admeasuring about super area 268 sq. ft.(with efficiency of approx. 67 %) at plot no.-39 site 4 N.H. 24, link road madan mohan malviya nagar marg, Sahibabad. U.P in Europark Project of the Opposite Party. The Complainant stated that the total cost of the shop was Rs. 6,10,000/- and the Complainant signed the agreement on 10.10.12. The Complainant submitted that she paid Rs. 5,00,000/- to Opposite Party through cheque bearing no. 400731 dated 10.10.12 and also Rs. 1,00,000/- through another cheque bearing no. 266696 on the same day. The Complainant submitted that as per the agreement condition no.12.2 of the agreement the Opposite Party clearly mention that the “ the developer shall endeavour to complete the construction of the unit upon completion and within a period of 24 month from the date of provisional allotment. If the developers fail to complete construction within 2 years as aforesaid then the company shall pay to the allottee a compensation @ Rs. 5 per square feet”. It is alleged by the Complainant that as per this agreement the Opposite Party had to deliver the possession of the shop on 10.10.14 but the Opposite Party failed to do so. The Complainant stated that she visited the office of Opposite Party several times but she did not get any satisfactory response from the Opposite Party. The Complainant also submitted that she lodged her protest at the said office of Opposite Party and requested them to complete the project at the earliest, but the Opposite Party did not give any reply to the Complainant. It is stated by the Complainant that the Opposite Party have till date not got the sanctions/permissions and approvals from the various authorities for water supply, electric connection, water drainage and sewer line fire fighting system and internal lanes/parking  etc. As the Complainant was in dire need of the shop from December 2015 onwards she visited the site of the project as well as the office of the Opposite Party on several occasions and requested Opposite Party to hand over the possession of the shop by installing all the amenities in the premises but nothing positive has come out till date. The Complainant stated that there was delay of more than 24 months to the date projected in the allotment letter. The Complainant stated that the Opposite Party assured the Complainant that she would get the shop in question upto October 2014 but even after passing of about 4 years of booking, the Complainant did not get the possession of the shop in question. Hence, this shows deficiency on the part of Opposite Party. The Complainant has prayed for possession of the shop in question and execution of the sale deed of the said shop in her favour. She has also prayed for restraining in the Opposite Party for cancellation of the booking of the shop and for not creating 3^rd party interest in respect of the shop in question. She has also prayed for payment of interest to her on the deposited amount from the date of deposit of the said amount. She also claims Rs. 1,00,000/- on account of mental pain and agony and Rs. 50,000/- as litigation expenses.
2. Opposite Party was served on 03.03.17 but none has appeared therefore, it was proceeded against Ex-parte vide order dated 10.04.17.

Evidence of the Complainant

3. The Complainant in support of her case filed her affidavit wherein she has supported the assertions made in the complaint. The Complainant has relied upon the copy of the allotment letter of the shop in question.  She has also filed the copy of the cheques vide which the payments were made to the Opposite Parties.

Arguments and Conclusion

4. We have heard the Ld. Counsel forthe Complainant. We have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that she has paid Rs. 6,00,000/- to the Opposite Party as consideration of shop bearing no. SF-45 second floor admeasuring about super area 268 sq. ft.(with efficiency of approx. 67 %) at plot no.-39 site 4 N.H. 24, link road madan mohan malviya nagar marg, Sahibabad. U.P.It is her case that the possession was to be delivered to her within 2 years but the same has not been delivered to her. The Complainant has supported her case by way of her affidavit, copy of the agreement executed between her and Opposite Party and also the copies of the cheques vide which the payments were made to the Opposite Party. The Opposite Party did not appear and contested the case. Therefore, the case of the Complainant has to be believed on basis of her affidavit and the documents filed by her.
5. In view of the above discussion, the complaint is allowed. It is ordered as under:

i. The Opposite Party shall deliver the possession of the shop in question (complete in all respects) to the Complainant within 3 months of this order.

2. The Opposite Party shall pay an interest @ 6 % p.a. on the deposited amount i.e. Rs. 6,00,000/- from the date of filing the complaint till its recovery.
3.  The Opposite Party shall cooperate the Complainant in execution of the   sale documents of the above referred shop, as per the procedure and the necessary requirements.

iv. The Opposite Party shall pay an amount Rs. 40,000/- to the Complainant on account of harassment and litigation expenses along with interest @6 % p.a.from the date of this order till its recovery.

6.  Order announced on 21.09.2022.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President