CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.609/2012

MRS. PUSHPA KHANNA

W/O LATE SH. R.S. KHANNA

R/O 65C, POCKET-1,

MAYUR VIHAR, PHASE-I,

DELHI-91

…………. COMPLAINANT                                                                                           

VS.

M/S ARUN DEV BUILDERS LTD.,

THROUGH ITS DIRECTORS/MANAGER

HAVING ITS CORPORAT OFFICE AT:

F-89/11, OKHLA IND. AREA, PHASE-I,

NEW DELHI-20

………….. RESPONDENT

Date of Order:05.10.2015

O R D E R

A.S. Yadav – President

The case of the complainant is that in the year 2006-07, complainant was looking for purchasing a plot and through an advertisement, complainant came to know about the project of OP called as “Arun Dev City, Haridwar” situated at Rahmat pur, Atmal, Roorkee, is going on at Haridwar, Uttranchal and accordingly complainant met with officials of OP who assured the complainant that OP will make the aforesaid Arun Dev City as finest city of the area and fully develop the same and also provide various facilities in the aforesaid city and the same will be operational within few months.

It is further stated that on the assurance, promise and allurement of OP, complainant purchased a plot No.C-96 measuring 100 sq. yards in the aforesaid project and a Builder’s Buyer’s Agreement was executed in favour of complainant on 12.4.07.  Subsequently a sale deed was executed in favour of the complainant on 15.10.09.  It is stated that at the time of the execution of sale deed, there was no basic amenities such as water, electricity, roads and sewer and the OP assured that they will very soon provide the same.  It is further stated that three years have already passed but till date, no facilities have been provided.  It is also revealed to the complainant that in fact till date OP is not having any necessary permission/approvals for the development of said project.  It is stated that complainant on several occasions requested the OP to refund all the amount paid by her for purchasing the aforesaid plot for Rs.3,23,482/- alongwith Rs.35,101/- towards the expenses towards execution of sale deed and finally a legal notice dated 05.10.12 was served upon the OP in spite of that OP has not refunded the amount of the complainant. 

It is prayed that OP be directed to refund Rs.3,23,428/- i.e. the price of plot and Rs.35,101/- towards the expense towards the execution of sale deed alongwith interest @ 12% p.a. and also to pay Rs.3 lakh towards compensation and Rs.21,000/- as cost of complaint.

OP in the WS took the plea that this Forum has no jurisdiction to entertain the present complaint because as per law the complaint is to be filed at the place where the property is situated.  It is further sated that complaint is time barred as registered sale deed was executed in favour of complainant on 15.10.2009 whereas present complaint has been filed on 2.12.2012 after 14 months from the expiry of limitation period.

It is stated that after the satisfaction of the development work and the progress of project, complainant has got the registered sale deed in her favour.  It is denied that there was no basic amenities such as water, electricity, road and sewer etc.  It is stated that all amenities have been completed at the site which was agreed at the time of booking of plot.  It is further stated that OP has handed over physical possession of the plot to the complainant on 15.10.2009 and the complainant has no right to file the present complaint against OP as it is time barred.  If the complainant has any grievance, he should have informed the OP in wiring.  It is admitted that complainant on several occasions requested OP to refund all amount paid by her.  It is stated that there was malafide intention on the part of the complainant to get undue advantage and unlawful gain from OP.  There is no deficiency on the part of OP.  It is prayed that present complaint be dismissed.

Despite number of opportunities given to OP, OP has not led any evidence.  Ultimately OP was proceeded ex parte.

We have heard Ld. Counsel for the parties.  The first contention raised by OP is that this Forum has no jurisdiction to entertain the present complaint as this property is situated in Uttrakhand which is beyond the territorial jurisdiction of this Forum.  We find no force in the submission of Ld. Counsel for OP.  The complainant is seeking refund of her amount due to the deficiency of service on the part of OP.  The corporate office of OP is situated within the territorial jurisdiction of this Forum.  Builder’s Buyer’s Agreement was executed within the territorial jurisdiction of this Forum and the payment at the time of Builder’s Buyer’s Agreement was also received within the jurisdiction of this Forum hence this Forum has got the jurisdiction to entertain the present complaint.

It is further contended by Ld. Counsel for OP that Builder’s Buyer’s Agreement was executed on 12.4.2007 and only after being satisfied with the progress of the project, complainant got the sale deed executed in her favour on 15.10.2009 whereas the present complaint has been filed on 20.12.2012 i.e. 14 months of expiry of period of limitation.  We find no force in the contention of Ld. Counsel for OP.  Complaint has filed an affidavit in support of her case whereas no evidence has been led by OP.  Complainant has specifically stated that no basic amenities such as water, electricity, sewer, road etc. have been provided.  She has further stated that she visited the aforesaid project in 2014 and even till then no facilities have been provided.  The photographs have been placed on record showing that it is a barren piece of land lying there with no amenities at all.  In reply OP has admitted that complainant sought refund of her amount.  It is only because basic amenities were not provided by OP.  The purpose of the complainant was not to purchase a plot in a project which is not developed at all.  It is not only a case of deficiency in service but also a fraud has been played on the complainant.  It is a continuous cause of action and there is no question of present complaint being barred by limitation.

As already pointed, it is proved form the unchallenged testimony of the complainant that basic amenities such as water, electricity, sewer, road have not been provided till date.  OP has not led any evidence to show that these basic amenities have been provided.  Nothing prevented the OP to place on record the documents/report of the project to show that the amenities have been provided.  It is clear cut case of deficiency in service on the part of OP.

OP is directed to refund to complainant Rs.3,23,482/- and Rs.35,101/- towards expenses on execution of sale deed alongwith interest @ 9% p.a. from the date of filing of complaint.  OP is also directed to pay Rs.10,000/- as compensation and Rs.5,000/- towards litigation expenses.

Within one month of passing of this order, OP will make the payment to complainant and simultaneously complainant will execute the sale deed in favour of OP in respect of plot in question.  All expense towards execution of the sale deed shall be incurred by OP.  The complaint stands disposed of accordingly.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

                 (D.R. TAMTA)                                                        (A.S. YADAV)

                       MEMBER                                                           PRESIDENT