Before the District Consumer Disputes Redressal Commission, Rohtak
Complaint No. : 276.
Instituted on : 29.07.2020.
Decided on : 27.10.2021.
Ravinder Pal Ahlawat age 46 years, s/o Sh. Preet singh, r/o H.No.125, Near Omaxe City Gate, Friends colony, Asthal Bohar, Rohtak-124001.
………..Complainant.
Vs.
- M/s JOP International Ltd., 2/85, 2nd Floor, Club Road, Punjabi Bagh (West), New Delhi-110026 through its Authorised Person.
- JOP Palms Paharawar Road near Omax City, Rohtak-124001.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
Present: Sh.Amit Bhardwaj, Advocate for the complainant.
Sh.O.P.Parmar, Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT :
1. Brief facts of the case are that the complainant was allotted a residential flat no.405 having an area of 79 Sq. meters, in the building A-1 in project of JOP Palms situated at Rohtak vide allotment letter dated 19.05.2014. The complainant had paid an amount of Rs.300000/- with the opposite parties on 25.07.2011, Rs.389415/- on 13.05.2013, Rs.275766/- on 30.06.2014 , Rs.275766/- on 11.04.2015, Rs.137883/- on 21.05.2015 and Rs.138431/- on 04.10.2015. Thus out of total consideration Rs.2675000/- the complainant had paid Rs.1517261/-. The opposite party had to complete the project within 30 months with a grace period of 6 months from the date of launching of the project which is 25.07.2011. But till today neither they completed the construction nor interested in raising the construction and had cancelled the project and are not furnishing any information and are concealing true facts. Respondent has caused huge financial loss and mental agony to the complainant. Complainant requested the officials of the opposite parties to hand over the flat allotted to him or to return the above said amount of Rs.1571261/- alongwith interest since 25.07.2011 but the officials of opposite parties refused to accede the request of the complainant. The act of opposite parties is illegal and amounts to deficiency in service. As such it is prayed that opposite parties may kindly be directed to hand over the residential flat no.405 or in alternative to pay a sum of Rs.1517261/- alongwith interest @18% p.a. since 25.07.2011 to upto date and to award a compensation of Rs.400000/- on account of causing financial loss and harassment and Rs.10000/- as litigation expenses to the complainant as explained in relief clause.
2. Notice of the present complaint was issued to the opposite parties who appeared and file their written statement submitting therein that complainant has himself admitted the fact in writing that he is not paying the installments as per the schedule and since the payment being construction linked complainant cannot take advantage of his own wrong deeds. On merits it is submitted that the payment is amount is a matter of record. It is denied that the opposite party had given any timeline for the completion of the unit, it is also denied that the opposite party had illegally and intentionally collected the installments and till today not raising the construction and had cancelled the project and also concealing the true facts. It is also denied that opposite parties are guilty of deficiency of service on the part of the opposite parties. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, document Ex.C1 to Ex.C8 and has closed his evidence on 21.09.2021. On the other hand, ld. counsel for the opposite party made a statement that reply already filed on their behalf be read in evidence and tendered documents Ex.R1 to Ex.R7 and closed is evidence on dated 09.08.2021.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case it is not disputed that the complainant had deposited a total amount of Rs.1517261/- with the opposite parties on account of installments of flat which is proved from the receipts Ex.C1 to Ex.C6 but the opposite parties have not given the possession of the flat to the complainant after availing sufficient time. The contention of ld. Counsel for the complainant is that the opposite parties have not started or completed the construction work even after passing so many years and are utilizing the hard earned money of the complainant, which amounts to deficiency in service on their part. On the other hand, contention of ld. Counsel for the opposite parties is that payment of amount by the complainant is a matter of record but there is no delay on the part of the respondents.
6. After going through the file and hearing the parties it is observed as per letter Ex.R1 issued by the opposite parties to the complainant it is apologized by the opposite party that: “Due to reasons beyond their control, the project JOP Palms has been slightly delayed. However, they have set everything in motion to ensure that the project be delivered at the earliest”. Ex.R2 is letter of demand of VAT from the complainant, Ex.R3 is letter of demand of installment. As per letter Ex.R4 dated 20.04.2015, complainant has submitted that he has delayed the payment but he is ready to pay the installment and will pay the interest in coming time according to the progress of the project. After that he has deposited Rs.137883/- on 21.05.2015 and Rs.138431/- on 04.10.2015. Out of total consideration Rs.2675000/- he has paid Rs.1517261/-. We have also perused letter of allotment Ex.C8, as per which it is submitted at page no.2 that : “Any delay in payment by the applicant, shall attract, interest @ 24% p.a. on the amount/installment in default”. At page no.3 it is submitted that Company shall endeavor to make available the unit for possession(for the outs) by 30 months(with a grace period of 6 months). At page no.4 payment plan is mentioned. We have also observed that opposite parties have not placed on record any document/photograph etc. to prove that upto which extent the construction work has been done by the opposite parties till date or how much construction work was completed at the site by the opposite parties at the time of payment of installments by the complainant. Moreover, opposite parties also failed to deliver the possession of flat to the complainant despite the fact that they have received an amount of Rs.1517261/- from the complainant and they are utilizing the huge amount of the complainant for their personal gain without providing any service to the complainant. As per terms and conditions of the letter of allotment Ex.C8, opposite parties are liable to make available the unit for possession within 30 months. The respondent’s officials have not placed on record any document to prove that the project had completed all the formalities required for the construction. The complainant deposited an amount of Rs.1517261/-vide receipts Ex.C1 to Ex.C6 on different dates upto 06.10.2015 but till date no possession has been delivered by the respondents. Hence this is deficiency on the part of opposite parties. In this regard we have placed reliance upon the judgment dated 11.01.2021 of Hon’ble Supreme Court of India in Civil appeal no.5785 of 2019 titled as IREO Grace Realtech Pvt. Ltd. Vs. Abhishek Khanna & Others. whereby Hon’ble Supreme Court has held that : “The allottees cannot be made to wait indefinitely for possession of the apartments allotted to them, nor can they be bound to take the apartment in other Phase of the project”. The aforesaid law is fully applicable on the facts and circumstances of the case. As per allotment letter, they are charging 24% interest on the delayed payment, hence they are also liable to refund the deposited amount alongwith interest @12% p.a. to the complainant.
7. In view of the aforesaid law which is fully applicable on the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to refund the amount of Rs.1517261/-(Rupees fifteen lac seventeen thousand two hundred and sixty one only) alongwith interest @ 12% p.a. from the date of their respective deposits with the opposite parties till its actual realization and also to pay a sum of Rs.25000/-(Rupees twenty five thousand only) as compensation on account of harassment and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
27.10.2021.
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Nagender Singh Kadian, President
…………………………….
Tripti Pannu, Member.
