Haryana

StateCommission

CC/830/2017

AMIT NAGRATH - Complainant(s)

Versus

M/S UNIVERSAL BUILDWELL PVT. LTD. - Opp.Party(s)

SUBHASH CHANDER SHARMA

13 Feb 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,PANCHKULA

                                                 

Complaint No.830 of 2017

Date of Institution:20.12.2017       Date of Decision: 13.02.2019

 

Amit Nagrath s/o Sh. Sh. Vinod Raj Nagrath R/o H.NO.100, Sector-22, Housing Board Colony, Faridabad, Haryana.

     …..Complainant

                                                Versus

 

 

1.      M/s Universal Buildwell Pvt. ltd., Registered Office: 102, Antriksh Bhawan, 22 Kasturba Gandhi Marg, New Delhi and Corporate office at  # 8^th Floor, Universal Trade Tower, Sector-49, Sohna Road, Gurgaon, Haryana.

2.      Sh.Raman Puri s/o Sh. Sh.B.L.Puri Director/Managing Director of M/s Universal Buildwell Pvt. ltd.,

3.      Sh.Varun Puri S/o Sh.Raman Puri, Director M/s Universal Buildwell Pvt. Ltd.,

4.      Sh.Vikram Puri s/o Sh.  Sh.Ram Puri Director of M/s Universal Buildwell Pvt. Ltd.,

Opp. parties No.2 to 4 having their office at 8^th Floor, Universal Trade Tower, Sector-49, Sohna Road,Gurgaon, Haryana.

        …..Opposite parties

 

CORAM:   Mr. Ram Singh Chaudhary, Judicial Member.
 

 

Present:-    Mr.Subhash Chander, Advocate for the complainant.

Opposite parties already ex parte vide order dated 08.05.2018.

 

                                      O R D E R

 

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

          Complainant has filed the instant complaint under Section 17 of the Consumer Protection Act, 1986 (for short the ‘the Act’), averring that  complainant booked a flat No.602 on 6^th Floor of tower-D in the project launched  by the O.Ps. namely Universal Greens, Sector 85  Faridabad @ Rs.2893/- per sq. ft. for total consideration amount of Rs.57,22,354/- excluding other charges. the construction linked plan was obtained by the complainant.  On booking, the complainant has paid Rs.4,63,905/- through cheque. Buyer’s agreement was executed on 06.11.2012 between the O.P.No.1 through O.P.No.4 and the complainant. The complainant had paid Rs.19,58,651/-amount out of the total sale consideration of Rs.57,22,354/-. As per agreement, the possession of the flat was to be given within 42 months, but till date, construction of tower D  in which flat was booked by the complainant was not started.  The complainant had started correspondence with the Ops but hone of the complainant’s e-mails dated 20.05.2015, 28.05.2015, 11.06.2015, 17.06.2015, 22.06.2015, 23.06.2015, 22.07.2015, 04.08.2015, 10.08.2015, 12.08.2015, 25.08.2015, 31.08.2015, 03.09.2015, 06.09.2015, 08.09.2015 and 09.09.2015 were not replied.  Legal notice dated 03.12.2015 was issued to the O.Ps. for deliver the possession of the unit as per agreement, but, no response to the notice has been received till date. However, the builder has not given the possession as per agreement, the complainant filed complaint seeking to refund of the amount deposited by them, that is, Rs.19,58,651/-  alongwith interest @ 24% p.a. and compensation of Rs.5,00,000/- for mental and physical harassment besides Rs.50,000/- as litigation expenses.

2.      Opposite parties were proceeded against ex parte vide order dated 08.05.2018.

3.      When the complaint was posted for recording evidence of the complainant, the complainant in his evidence has tendered the affidavit Ex.CA vide which he has reiterated all the averments taken in the complaint and further tendered the documents Ex.C-1 to Ex.C-17 and closed his evidence.

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

5.                As per the basic averment taken in the complaint including the contentions raised by the learned counsel for the complainants, the basic and foremost question which requires adjudication by this court as to whether the complainant is entitled to get refund of the amount which he has already deposited alongwith the interest? 

6.      Indisputably, the complainant had booked for unit with the builder.  It is not disputed that buiyer’s agreement was executed between the parties on 06.11.2012. The complainant paid Rs. 19,58,651/-   to them as per the schedule.   As per agreement, the possession was to be given to him within 42 months, but, builder failed to do so and it was certainly a case of deficiency in service.  Affidavit of Amit Nagrath reiterated the facts mentioned in the complaint.  Complainant had paid the money in the hope of getting unit of which they have been deprived of.  From the complaint and the evidence led by the complainant, it is proved to the hilt that the builder was deficient in service for not delivering the possession of the flat to the complainant within the stipulated period.

7.      In view of above, the complaint is allowed. O.Ps. are directed to pay Rs. 19,58,651/-(Nineteen Lac fifty eight thousand six hundred fifty one only) to the complainant, alongwith interest at the rate of 12% per annum from the date of its respective deposits till the date of realization; Rs.2,00,000/- as compensation for rendering deficient services and mental agony, Rs.21,000/- towards litigation expenses. The entire amount be paid by the O.Ps. within a period of 90 days, from the date of receipt of the order, otherwise, it will carry interest at the rate of 18% per annum, till realization and it calls for pointed notice that under Section 27 of the Act, if the opposite parties fails or omits to comply with this order, it shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with fine or with both.              

 

February 13th, 2019                      Ram Singh Chaudhary,                                                                 Judicial Member                                                                              Addl.Bench                  

S.K