State Consumer Disputes Redressal Commission
Safal & Anr. vs Nitishree Infrastructure Ltd. on 18 November, 2015
Daily Order IN THE STATE COMMISSION : DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision: 18.11.2015 Complaint No.44/12 In the matter of: Dr. Safal, S/o Sh. Devendra Prasad Singh, R/o Flat No.401, Block-C, Gaur Green Vista, Nyay Khand-I, Indirapuram, 2. Mrs. Pragati, D/o Sh. Devendra Prasad Singh, C/o Flat No.401, Block-C, Gaur Green Vista, Nyay Khand-I, Indirapuram, Ghaziabad-201010. .............Complainants Versus A). Nitishree Infrastructure Limited, through Sh. Anil Jain (Chairman and Managing Director), G-55, East of Kailash, Delhi-110065. And also at B). Nitishree Infrastructure Limited, through Sh. Anil Jain (Chairman and Managing Director), B-111, Sector-5, Noida-201301 (U.P.) ........Opp. Party CORAM N P Kaushik, Member (Judicial) S C Jain, Member
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
N P Kaushik, Member (Judicial) The facts of the complaint in brief are that the complainants had booked a residential plot measuring 360 sq. yds. in one of the projects of Nitishree Infrastructure Limited (in short the 'OP') located at NH-24, Ghaziabad, Shouryapuram for a total consideration of Rs.45,14,400/-. The booking of the plot was done in March, 2006. The complainants paid Rs.18,11,600/- to the OP on 12th July, 2007. As per Plot Buyer's Agreement dated 5th May, 2007, physical possession of the plot was to be handed over to the complainants before June, 2009 with a grace period of three months as per clause 9 of the Agreement. Vide letter dated 7th December 2009, OP informed the complainant that due to global recession, real estate sector had been affected badly. Because of this reason, the OP could not complete his project. OP offered the complainant a conversion policy to switch over to other running projects with a suitable premium. The complainant in response to the letter dated 7th June, 2010 called upon the OP to handover to him 360 sq. yds.of plot. OP vide its letter dated 18th June, 2011(wrongly shown as 18th Jan, 2010) informed the complainant that the delay in handing over the possessions took place due to late approval of revised map by Ghaziabad Development Authority. OP assured the complainants that within another one year he would be able to handover the possession. Written arguments were filed by the OP on 28th October, 2013. Perusal of the written arguments shows that OP was not in a position to handover the possession of the plot to the complainant even by that time.
OP raised an abjection that the complaint was time barred. Booking of the plot was done on 5th May, 2007 whereas the complaint was filed in the year 2012. At the same time, the OP raised an objection that the complaint was premature. OP vide its letter dated 18th June, 2011 assured the complainants to handover the possession within one year. Present complaint was filed on 10th February, 2012. The complaint has been filed within a period of two years of the cause of action arising in favour of complainant.
OP has raised an objection o the territorial jurisdiction of this Commission stating that the plot in question is located in Ghaziabad and Ghaziabad courts alone have the jurisdiction to hear the matter. In its written version, OP has admitted that it has its registered office in New Delhi. In view of this admission of the OP, the objection raised is devoid of merits.
The complainant had booked the plot in question in the year 2006. The prices of real estate have shy rocketed. Costs of construction too have gone high. OP has not been able to handover the physical possession to the complainant so far. Rather the OP has gone to the extent of expressing his inability to handover the possession of plot measuring 360 sq. yads. stating that the Ghaziabad Development Authority had permitted him to carve out plots measuring 175 sq. yds. only. It is thus a clear case of 'deficiency in service'. We, therefore, direct the OP to pay to the complainant as under :-
(a). to refund an amount of Rs.18,11,600/- to the complainants alongwith interest @12% per annum from the date of deposit till the date of its realisation.
(b) to pay to the complainants a compensation to the tune of Rs.5,00,000/- for inconvenience, harassment and mental agony caused to the complainants till then.
(c) to pay to the complainants litigation charges of Rs.25,000/-.
The aforesaid amounts shall be paid to the complainants within a period of 90 days from today, failing which the OP shall be liable to pay interest @24% per annum on the amount accruing thereafter.
(N P Kaushik) Member (Judicial) (S C Jain) Member