Delhi

East Delhi

CC/236/2021

VIPIN KHULLAR - Complainant(s)

Versus

SDS INFRACON PVT LIMITED - Opp.Party(s)

RAMESH KUMAR MISHRA

31 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. No.236/2021

 

 

Vipin Khullar S/o Lt. Shri N.D. Khullar R/o – N8 – 1703, Jaypee Greens Aman, Sector – 151, Noida, UP – 201304   Dr. Prema Khullar W/o Shri Vipin Khullar R/o – N8 – 1703, Jaypee Greens Aman, Sector 151, Noida, UP – 201304.	Complainant..1           Complainant..2
Versus
SDS Infracon Pvt. Ltd. Office Address – Bhagwati Buisness Centre, S-561, School Block – II, Shakarpur, Delhi – 110092   Ansul Bansal S/o Shri Suresh Chandra Bansal Director. SDS Infracon Pvt. Ltd. OFFICE ADDRESS Bhagwati Business Centre, S-561, School Block – II, Shakarpur, Delhi – 110092. ALSO at : Chariman Wali Gali, Goutam Buddha Nagar, Dadri, UP   Deepak Bansal S/o Shri Suresh Chandra Bansal Director, SDS Infracon Pvt. Ltd. Office Address : Bhagwati Busniess Centre, S-561, School Block-II, Shakarpur, Delhi – 110092. ALSO at : Chariman Wali Gali, Goutam Buddha Nagar, Dadri, UP   Shri Tarun Singh General Manager, SDS Infracon Pvt. Ltd. Office Address : Bhagwati Busniess Centre, S-561, School Block-II, Shakarpur, Delhi – 110092.	……OP1                   ..….OP2                 ……OP3             ……OP4

 

Date of Institution:15.07.2021

Judgment Reserved on:28.03.2023

Judgment Passed on:31.03.2023

 

QUORUM:

Sh.S.S. Malhotra (President)

Sh.Ravi Kumar (Member)

Ms.Rashmi Bansal (Member)

 

 

Order By: Shri Ravi Kumar (Member)

 

 

JUDGEMENT

1. The Complainants (Husband & Wife), both Senior Citizens, have alleged deficiency in service on the part of OPs in not handing over Plot booked in the township ‘NRI Township Yamuna, Plot No. TS1, Sector 26A, Gautam Budh Nagar’ despite of paying complete consideration amount.
2. The Complainants have stated in their complaint that in the year 2010, OPs floated and advertised a Township Project in the name of ‘NRI Township Yamuna’ Plot No. TS1, Sector 26A, Gautam Budh Nagar and invited applications from general public for allotment of Plots in the said Township in which plots of 109, 130, 160, 200 & 300 sq. yds., residential Villas, Hotel, Hospital etc. were available and all were in one Project.
3. The Complainants upon seeing the advertisement approached  OPs and were informed that all basic amenities like Road, 24 hour Electricity, School, Club etc. will be provided and Complainants opted for 130 sq. mtrs. plot in the said Scheme and they were allotted Plot no.A-609. They paid total amount of Rs.24,96,132/- (which included Rs.71158/- for the excess area as the Plot area was increased from 130 sq. yrd to 134 sq yrds) between the period 21.09.2010 to 13.03.2014.
4. On 21.10.2010 a Deed of Allotment was signed between them and OPs and as per Clause 8 of the same the OP shall endeavour to offer possession of the Plot to the Complainant within a period of 16 months from the date of the execution of the agreement and grace period of 6 months was also there.
5. Further as per Clause 16 of  Deed of Allotment – ‘In the event, if for any reasons whatsoever, the whole or any part of the Township is abandoned and/or the Plot allotted herein is not developed and/or for any other reason the Developer is not in a position to give possession of the Plot, the Allottee shall have not claim of any kind, whatsoever, against the Developers except to the refund of the amount paid with simple interest at the rate of 18% per annum till the date of refund’.
6. OP subsequently issued letter 01.03.2014 wherein it called upon the Complainants to settle all their dues and proceed with sub-lease process. However there was no development on the Project as there was no water & electricity connection or other basic amenities and it was also revealed that no sub-lease of plots of the Project was permitted by the competent authority due to non payment of requisite charges to the YEIDA by the OPs.
7. The offer of possession of developed Plot with all amenities was not given by the OPs to the Complainants within stipulated period which caused tremendous mental and financial strain as after the retirement they could not shift to their house which they wanted to construct on the plot and Complainant no.1 suffered accident causing Brain Hemorrhage and he was in ICU for three months. The Complainants visited many times OP’s office many times but there was no satisfactory reply from them. Due to stress and mental agony the Complainant no.2 also suffered with Heart Disease and underwent open heart surgery in June 2018.
8. The Complainant sought refund of the amount however amount was not refunded by OPs. Complainant issued Legal Notice dated 03.07.2019 to the OPs however there was no reply and ultimately, the complainant has filed the present consumer complaint thereby praying that OPs be directed as follows:

1. OPs to refund of the entire consideration amount paid by the complainant with interest accrued at the rate of 18% per annum from the date of payment till realization in terms of Clause 16 as per the Allotment Deed: calculated as on dated Rs.75,75,711/- and
2. Grant exemplary compensation with respect to the following:

- Loss of property by way of payment of rent Rs.13,98,600/- plus interest @6% p.a.; and

- Mental agony of emotional distress due to loss of property – Rs. 20,000,00/-; and

- Emotional distress attendant to the illness of complainant No.1 – Rs.5,00,000/-; and

- Emotional distress attendant to the illness of Complainant No.1 – Rs.2,00,000/-; and

- Litigation cost Rs.2,00,000/- and

- Grant exemplary compensation to the tune of Rs.35,00,000/- against unfair trade practices adopted by the Respondent No.1.

Alternatively,

c)     Direct the OPs to pay jointly and severally the total claimed amount calculated as on due date as Rs.1,53,74,311/- (One Crore Fifty Three Lakhs Seventy Four Thousand Three Hundred and eleven only).

d)     Pass any other order to grant any other relief deemed  appropriate in facts and circumstances of the case.

9. Notice was issued to the OPs. No reply was filed by them and OPs were proceeded ex-parte vide order dated 28.04.2022.
10.  Complainant has filed evidence by way of affidavit of Sh. Vipin Khullar, Complainant no.1,exhibiting the following documents:

1. Original brochure of the project issued by the Developer as Exhibit-CW-1/1
2. Booking request form acknowledgement in original as Exhibit-CW-1/2
3. Allotment deed dated 21.10.2010 in original. Exhibit as CW-1/3
4. Letter dated 01.11.2012 to the Developer intimating change of residential address as Exhibit-CW-1/4
5. True copies of Medical papers pertaining to Mr Vipin Khullar exhibited as Exhibit-CW-1/5.
6. Rent agreements pertaining to my rented accommodations as Exhibit-CW-1/6
7. A copy of letter dated 16.06.2013 regarding change of address duly acknowledged by the office of OP1as Exhibit-CW-1/7.
8. True copy of drafts No. 027492 & No 027493 Dt. 29.9.2010 deposited in the office of OP1 towards booking of the said plot as Exhibit-CW-1/8.
9. Demand Letter dated 04.03.2011 (in original) as Exhibit-CW-1/9A
10. Demand Letter dated 17.03.2011 (in original) as Exhibit-CW-1/9B
11. Demand Letter dated 05.08.2011 (in original) as Exhibit-CW-1/9C
12. Demand Letter dated 24.08.2011 (in original) as Exhibit-CW-1/9D
13. Demand Letter dated 08 10 2011 (in original) as Exhibit-CW-1/9E
14. Demand Letter dated 01.02.2014 (in original) as Exhibit-CW-1/9F
15. Demand Letter dated 01 03.2014 as Exhibit-CW-1/9G.
16. Provisional booking receipt no 0221 dated 21 10.2010 (in original) as Exhibit-CW-1/10A
17. Receipt No. REC 003760 dated 05.08 2011 (in original) as Exhibit-CW-1/10B
18. Receipt No. REC 003824 dated 24.08.2011 (in original) as Exhibit-CW-1/10C
19. Receipt No. REC 003835 dated 25 08 2011 (in original) as Exhibit-CW-1/10D
20. Receipt No. REC 004234 dated 22.10.2011 (in original) as Exhibit-CW-1/10E
21. Receipt No REC 003759 dated05.08.2011 (in original) as Exhibit-CW-1/10F
22. Receipt No. REC 008549 dated 13.03.2014 (in original) as Exhibit-CW-1/10G
23. Receipt No. REC 008550 dated 13.03.2014 (in original) as Exhibit-CW-1/10H
24. Fraudulent letter dated 01.03 2014 heading "Execution of Sub-lease deed" (in original) as Exhibit-CW-1/11
25. Account statement Applicant Ledger (in original) as Exhibit - CW-1/12
26. A true copy(s) of media reports stating the Noida Authority disallowed execution of sub-lease deed by the Developer as Exhibit-CW-1/13
27. True copies of medical papers of open heart surgery in respect of  Mrs Prema Khullar as Exhibit-CW-1/14
28. Note dated 18.01.2021 (in original) regarding visit to Office of OP1 as Exhibit-CW-1/13.
29. Letter dated 18.01.2019 (in original) to the Respondent No. 1 seeking refund of the consideration paid along with the interest accrued thereon as Exhibit-CW-1/16
30. An office copy of acknowledgement of letter dated 18.01.2019 (in onginal) intimating the Respondents about change in address as Exhibit-CW-1/17
31. A true copy of the communication (sms/text message) dated 20.04.2019 by GM-Tarun Singh to the complainant as Exhibit-CW-1/18
32. An office copy of the letter dated 20.04.2019 written to the Respondents for seeking refund on medical grounds as Exhibit-CW-1/19
33. A copy of legal notice dated 03.07 2019 to the Respondents as Exhibit-CW-1/20
34. A copy of letter dated 06 09 2019 to Senior Superintendent of Police, Gautam Buddh Nagar, UP as  Exhibit CW-1/21
35. A true copy of order dated 24 10.2019 by the Greater Noida Court as Exhibit-CW-1/22
36. A true copy of FIR No. 1069 dated 08 11:2019 against the Respondents as Exhibit-CW-1/21B
37. The photographs of the project site visited on 04 12 2019 as Exhibit-CW-1/23
38. A true copy my complaint dated 16 03 2020 to Police Commissioner, Gautam Buddh Nagar UP as Exhibit-CW-1/24.
39. Legal notice dated 19 12 2020 (in onginal) issued to Respondents as Exhibit-CW-1/25
40. Original postal receipts for dispatching the legal notice to OPs as Exhibit- CW-1/26

11. The Commission has heard the arguments of the Complainant and perused the documents on record. OPs have not put forth their arguments before the Commission in their defense and as such the Commission has no opportunity to hear their version.

1. As per exhibit Exhibit-CW-1/1 which is Brochure of the Residential Township Project, OPs had floated a scheme in the name & style of NRI Township Yamuna, Plot No. TS1, Sector 26A, Gautam Budh Nagar wherein it was prominently written ‘Own a Plot for your Dream Home’ and OPs had promised Key features as – excellent connectivity, Secured Gated Community spread over 124 acres, estimated to house more than 2000 Families, Hotel, Hospital, School, Theme Park, Club etc claiming to be unique model of real estate development.
2. Lured by the said very attractive advertisement Brochure and believing the OPs that they will fulfil the promise they were committing, the  Complainants booked Plot no. A-609 measuring 130 sq yrds in the said Scheme and they had paid Rs.24,96,132/- as per Exhibit - CW-1/12 between 01.06.2010 to 13.04.2014 (which included payment of Rs.71158/- towards increased area of the Plot from 130 sq.yds to 134 sq.yrds).
3. As per Clause 8.1 of the Deed of Allotment dated 21.10.2010 (exhibit CW-1/3) signed by the Authorised Signatory of OPs and the Complainants, the Plot no.A-609 so booked by the Complainants was to be handed over by OPs, with all the development work in the Township as assured by them, within a period of 16 months from the date of Agreement and 06 months grace period was also given. Thus, according to the said Deed of Agreement, OPs were bound to handed over possession of the Plot No. A-609 to them by 21.08.2012.
4. Also as per Clause 16 of  Deed of Allotment (Exhibit CW-1/3)   ‘if for any reason whatsoever, the whole or any part of the Township is abandoned and OP is not in a position to give the possession of the Plot, then Complainants have the right to demand the refund of the amount paid with simple interest at the rate of 18% per annum till the date of refund’.

12. It is fact on record that the Complainants were not handed over Plot No. A-609 in ‘NRI Township Yamuna’ Plot No. TS1, Sector 26A, Gautam Budh Nagar, so booked by them as per the Deed of Allotment (exhibit CW-1/3) despite of making the payment of Rs.24,96,132/-.
13. From the documents on record it is evident that OPs from the very beginning had no intention to complete the Project and their intention was to extract money from Public and they blatantly violated their own Deed of Allotment Terms & Conditions as they did not complete the Project in time and rather abandoned it as it can be observed by Exhibit CW-1/23 (Colly) which are the actual photographs of the Township and the area where Plot no. A-609 was situated. There is no water or electricity connection, no proper internal road in the Township, no other infrastructure like School, Hospitals etc as promised by them and OPs have neither refunded the amount to the Complainants.
14. Even the demand of refund by the Complainant after 7 years in 2019 citing urgent medical reason that the Complainant no.2 had undergone Open Heart Surgery went unheard and there were only hollow promises by the representative of OPs and no refund was initiated (Exhibit-CW-1/18 and Exhibit-CW-1/19). Further letter dated 01.03.2014 issued by OP (Exhibit CW 1/11) calling upon the Complainant to ‘Execute the Sub-lease’ is of no consequence as the Project was not complete and YEIDA dues were outstanding.
15. Thus is a clear case of playing with the sentiments of the Complainants who had reposed confidence in OPs and their  Township Project and making these Complainants to suffer financially and emotionally indefinitely. The dreams and expectations of the Complainants were shattered when despite of paying huge amount of their savings to the extent of Rs.24,96,132/- they did not get the Plot they had booked. Making these senior citizens, to run from pillar to post to get possession of the Plot booked by them so that they peacefully settle down in their old age is nothing short of nightmare for them. The deficiency in service is writ large on the face from the conduct of the OPs.
16. OPs were bound to hand over the Plot No. A-609 to the Complainants in ‘NRI Township Yamuna’ Plot No. TS1, Sector 26A, Gautam Budh Nagar by 21.08.2012 as per the Deed of Allotment (exhibit CW-1/3) under Para 8.1 latest by 21.08.2012 and in case of failure they are bound to refund the amount @ 18% p.a. till the date of refund as per Para 16.1 of Deed of Allotment (exhibit CW-1/3). Both these terms & conditions of Deed of Allotment were not complied by the OPs which amounts to deficiency in service. The OPs are ex-parte and Complainants have filed their Evidence by way of Affidavit wherein they have exhibited documents therefore the contentions raised by the Complainants against OPs goes un-rebutted.
17. Thus for the reasons stated above, the Commission is of the considered opinion  that complainant has been able to prove the deficiency on the part of OP and accordingly orders as follows:

• OPs to pay Rs.24,96,132/- (jointly and severally) alongwith agreed rate of interest @18% per annum from the date of each deposit to the Complainants jointly within 30 days from the date of this Order failing which OPs shall pay interest  @ 21% per annum on the above from the aforesaid date.
• OPs to pay Rs.50,000/- towards mental agony and harassment to the Complainants jointly.
• OPs to pay Rs.25,000/- towards legal expenses to the Complainants jointly.

Copy of the Order be supplied / sent to the parties free of cost as per Rules. 

File be consigned to Record Room.

Announced on the 31^st  March, 2023.