Haryana

StateCommission

CC/44/2019

GEETU TUTEJA - Complainant(s)

Versus

ADEL LANDMARKS LTD. - Opp.Party(s)

R.S.RANDHAWA

11 May 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA  

         

 Date of Institution:01.02.2019

                Date of final hearing:11.05.2023

                                                 Date of pronouncement:11.05.2023

 

Consumer Complaint No.44 of 2019

 

 

IN THE MATTER OF

 

Geetu Tuteja wife of Sh. Uday Tuteja, aged about 39 years, permanent resident of BL 53, First Floor, L-Block, Anand Vihar, Hari Nagar, New Delhi-110064, at present resident of Unit 2/445, Warrigal Road, Burwood VIC 3125, Australia, through power of attorney Ms. Meenu Sapra wife of Sh. Sumit Pal Singh, aged about 33 years, resident of BL 53, First Floor, L-Block, Anand Vihar, Hari Nagar, New Delhi-110064.

                                                                                      .….Complainant

 

Through Mr. Inderdeep Singh, Advocate

 

Versus

 

 

Adel Landmarks Ltd. (formerly known as Era Landmarks Ltd.), head office at C-56/41, Sector-62, Noida (U.P.)

2^nd Address:- Branch/site office, Sector 103, Cosmo City, Gurgaon, through its director Sumit Bharana.

3^rd Address:- B-24, Sector 3, Noida, Uttar Pradesh.

 

….Opposite party

 

CORAM:   Hon’ble Mr. Justice T.P.S. Mann, President.

                   Mrs. Manjula, Member.

 

Present:-    Mr. Inderdeep Singh, advocate for the complainant.

Opposite party already proceeded against ex  parte.

 

O R D E R

Per Manjula, Member:

 

                    Brief facts giving rise for the disposal of the present complaint are that complainant had applied for a flat with OP. The OP allotted unit bearing No.CSM3/103/C1-1703 at Sector-103, Gurgaon having area measuring 2100 sq. ft. to the complainant against a total sale consideration of Rs.71,40,000/- vide allotment letter dated 01.04.2013. It is submitted that the complainant and OP entered into Apartment Buyers Agreement on 01.08.2023. It is further submitted that the complainant had paid a total sum of Rs.38,46,296/- to OP on different dates but the OP did not bother to develop the flat in question. Thereafter, the complainant made several requests to the OP to refund the entire amount deposited by him as there was no construction of flats in Sector 103, Gurgaon but the OP did not consider his genuine request. Thus, there was deficiency in service on the part of the OP. The complainant prayed that the OP be directed to refund Rs.43,96,296/- (i.e. Rs.38,46,296/- principal amount, Rs.5,00,000/- as compensation and Rs.50,000/- for litigation expenses) alonwith interest @ 9% per annum.

2.                Notice of the complaint was issued against OP, but despite service, OP failed to appear before this Commission and thus ex-parte proceedings were initiated against him vide order dated 16.10.2019.

3.                When the complaint was posted for recording evidence of the complainant, counsel for complainant has tendered into evidence affidavit of Ms. Meenu Sapra, power of attorney holder of complainant Geetu Tuteja as Ex.CW1/A vide which she has reiterated all the averments made in the complaint alongwith documents Ex.C-1 to Ex.C-12 and closed the same.

4.                The arguments have been advanced by Mr. Inderdeep Singh, learned counsel for the complainant. With his kind assistance entire record including documentary evidence as well as whatever the evidence had been led during the proceedings of the complaint has also been properly perused and examined.

5.                As per the basic averments made in the complaint including the contentions raised by the learned counsel for the complainant, the foremost question which requires adjudication by this Commission is as to whether the present complainant is entitled to get refund of the amount which he had already paid to the OP, alongwith interest or not? 

6.                After careful perusal of the entire record, which is not rebutted, it stands proved that the complainant booked a residential apartment with OP and the OP allotted unit No.CSM3/103/C1-1703, Sector 103, Gurgaon to the complainant. Apartment Buyers Agreement also came into existence between the parties on 01.08.2013. As per the complainant, despite payment of an amount of Rs.38,46,296/- (Ex. C-4 colly) to the OP,  the construction was not completed by the OP. Since the project is not completed and possession is delayed much beyond the stipulated time, this Commission is of the considered view that there is deficiency in service on the part of the opposite party and thus, the complainant is well within her legal rights to get the refund of balance amount of Rs.38,46,296/- (Thirty eight lakhs forty six thousand and two hundred ninety six only) which she had already deposited with the OP. Even otherwise also, there is a strong element of the physical and mental agony caused to the complainant for investing a huge amount and still remained deprived of the possession of the apartment and under these constrained circumstances, she had to knock the door of this Commission even for seeking refund of the amount.

7.                In the light of the above observation and discussion, there are sufficient grounds to accept the complaint and while accepting the complaint, the OP is directed to refund the amount of Rs.38,46,296/- (Thirty eight lakhs forty six thousand and two hundred ninety six only) alongwith interest @ 12% per annum from the date of respective deposits till its realization. In case, there is a breach or delay in making payment within the stipulated period of 45 days, in that eventuality, the complainant would further be entitled to get the interest @ 15% per annum, for the defaulting period. The complainant is also entitled to Rs.1,00,000/- (One Lakh only) as compensation for mental agony and physical harassment.  In addition, the complainant is also entitled to Rs.33,000/- (Thirty three thousand only) as litigation expenses.  It is also made clear that for non-compliance, the provisions enshrined under section 72 of the C.P. Act would also be attracted. 

8.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be uploaded forthwith on the website of the Commission for the perusal of the parties.

9.                Application(s), pending, if any, stands disposed off in terms of the aforesaid order.

10.              File be consigned to record room alongwith a copy of this order.

Pronounced on:11^th  May, 2023

                                                                            

                                                                                               

                                                                                       T.P.S. Mann

                                                                                      (President)        

 

 

 Manjula

(Member) 

M.S.