National Consumer Disputes Redressal
Urmila & Anr. vs M/S. Vatika Limited on 13 February, 2023
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER CASE NO. 271 OF 2017 1. URMILA & ANR. B2-G01, PARSAVNATH EXOTICA, GOLF COURSE ROAD, NEXT TO IBIS HOTEL, SECTOR-53. GURGAON-122011 2. Capt. Bhag Chand S/o Sh. Devi Chand, R/o B2-G01, Parsavnath Exotica, Golf Course Road, Next to IBIS Hotel, Sector-53 Guragaon-122011. ...........Complainant(s) Versus 1. M/S. VATIKA LIMITED THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR.
VATIKA TRIANGLE, 4TH FLOOR, SUSHANT LOK, PHASE-1, BLOCK A, M.G. ROAD. GURGAON-122002 2. . . . ...........Opp.Party(s)
BEFORE: HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,PRESIDING MEMBER HON'BLE DR. INDER JIT SINGH,MEMBER
For the Complainant : Mr. Narender Hooda, Sr. Advocate
: Mr. Shaurya Lamba, Advocate For the Opp.Party : Mr. S.K. Sahni, Advocate
Dated : 13 Feb 2023 ORDER
1. Heard Mr. Narender Hooda, Sr. Advocate assisted by Mr. Shaurya Lamba, Advocate, for the complainants and Mr. S.K. Sahni, Advocate, for the opposite party.
2. Ms. Urmila and Capt. Bhag Chand have filed above complaint, for directing the opposite party to (i) postpone delivery of possession of reallocated villa and raising any demand until the farmer behind the reallocated villa is evicted; (ii) pay penalty for delay in delivery of possession; or in alternative (iii) refund entire amount deposited by the complainants with interest @18% per annum from the date of respective deposit till the date of refund; (iii) pay Rs.5000000/-, as compensation, for reallocating a villa, which is exposed to farmer's land from backside; (iv) pay Rs.one lac, as costs of litigation; and (v) any other relief which is deemed fit and proper in the facts and circumstances of the case.
3. The complainants stated that M/s. Vatika Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite party launched a group housing project in the name of "Bellevue Residences" at Sector-82, Gurgaon in the year, 2010 and made wide publicity of its amenities and facilities. Believing upon the representations of the opposite party, the complainants booked Villa no.S-76/240/Simplex/BR-A, admeasuring 240 sq.yds, built-up area 1527 sq.ft., total consideration Rs.9460237/- on 17.02.2010 and deposited booking amount of Rs.5/- lacs. The opposite party executed Builder Buyer's Agreement dated 06.04.2010 in their favour. The complainants opted for "construction link payment plan". Clause-11.1 of the agreement provides 3 years period from the date of the agreement, for completing construction with an extension for reasonable period. The opposite party demanded the instalment of "commencement of construction" in January, 2011, which was deposited by the complainants within due date. The opposite party, vide letter dated 20.01.2012, informed that name of the project "Bellevue Residences" had been changed as "Signature 2 Villas" and certain fine tuning in layout was being carried out. Along with this letter, the opposite party also sent an Addendum to Builder Buyer's Agreement, changing the number of villa as "Signature 2 Villa" No.27/240/Simplex/ST82D 1-4, in the project "Vatika India Next". The opposite party also demanded for next instalment of Rs.163799/- in July, 2013, which was deposited on 22.07.2013. The opposite party did not start construction of the villa, even after six years of the booking. The opposite party raised next demand on 03.02.2016 "on start of excavation". The complainants insisted for site visit before deposit. Then the opposite party, vide email dated 16.02.2016, informed that the work was on hold due to forceful occupation of land by farmers in that area. The complainants then requested to allot another villa of same specification, which was complete or under construction. The opposite party informed that a villa of 360 sq.yds. is under construction likely to be ready till April, 2017. The complainants vide email dated 10.06.2016, requested for construction cost of this villa but the opposite party did not respond. After about 4 months, the opposite party send another Addendum dated 13.10.2016, allotting Unit No.23, S-2.1, Signature Villa 2, "Vatika India Next". As per demand, the complainants deposited Rs.500000/- on 05.11.2016 and Rs.31085/- on 22.11.2016. After repeated request, the opposite party provided site plan. The opposite party issued a letter of Intimation of Possession dated 09.11.2016, with demand of Rs.16090069.53. The complainants through emails dated 20.11.2016 and 26.11.2016, requested for site visit and through email dated 07.12.2016 demanded for "occupation certificate". The opposite party did not respondent. The complainants visited the site but they were not allowed to enter the said villa by the guards. On external examination, the complainants found that a farmer was staying and cultivating the land just behind, right up to the rear wall of the said villa. The complainants gave a legal notice dated 08.12.2016 to postpone delivery of possession of reallocated villa and raising any demand until the farmer behind the reallocated villa is evicted or refund entire money deposited by the complainants with interests. The opposite party, through email dated 16.12.2016, informed that rear encroachment was removed and they cannot show approvals on individual basis. This complaint was filed on 30.01.2017, alleging deficiency in service and unfair trade practice.
4. The opposite party has filed its written reply on 04.05.2017, in which, booking of the villa on 17.02.2010, execution of Builder Buyer's Agreement on 06.04.2010, Addendums dated 30.01.2012 & 13.10.2016 and the deposits made by the complainants, have not been disputed. The opposite party stated that the land of Villa No.27/240/Simlex/ST.82 D 1.4 was forcefully occupied by some miscreants. The opposite party approach the police and local administration for their ejectment but they did not take any action. The occupant went in court, challenging partition of the land. Due to illegal occupation, the construction of the said villa could not go beyond digging. All the facts were in the knowledge of the complainants. The complainants requested for allotment of alternate villa. Therefore, the opposite party allotted Villa No.23/ST.82 D3-5/360/Simplex, Signature Villa 2, "Vatika India Next" admeasuring 360 sq.yds, with the consent of the complainants through Addendum dated 13.10.2016. In spite of repeated demands vide letters dated 09.11.2016 and 29.11.2016, the complainants did not deposit the required consideration as such their allotment was cancelled vide letter dated 19.01.2017 and money deposited by them was forfeited and Rs.246919.92 has to be recovered from them. The opposite party has not committed unfair trade practice. The complaint has no merit and liable to be dismissed.
5. The complainant filed Rejoinder Reply and Affidavit of Evidence & Affidavit of Admission/Denial of documents of Capt. Bhag Chand and documentary evidence. The opposite parties filed Affidavit of Evidence of Vipin Marya. Both the parties have filed their written synopsis.
6. We have considered the arguments of the parties and examined the record. The complainant booked Villa no.S-76/240/Simplex/BR-A, admeasuring 240 sq.yds, built-up area 1527 sq.ft., total consideration Rs.9460237/- on 17.02.2010, for which Builder Buyer's Agreement was executed on 06.04.2010. The opposite party, vide Addendum dated 30.01.2012, allotted Villa No.27/240/Simlex/ST.82 D 1.4. The opposite party stated that the land of Villa No.27/240/Simlex/ST.82 D 1.4 was forcefully occupied by some miscreants. Due to litigation with unauthorised occupant, they could not construct the said villa. On the request of the complainants, they allotted Villa No.23/ST.82 D3-5/360/Simplex, Signature Villa 2, "Vatika India Next" admeasuring 360 sq.yds, through Addendum dated 13.10.2016, to them. This villa was ready, therefore, the opposite party issued a letter of Intimation of Possession dated 09.11.2016, with demand of Rs.16090069.53. The opposite party issued reminder dated 29.11.2016 and termination notice dated 19.12.2016 but the complainants did not deposit the demanded amount as such, their allotment was cancelled on 19.01.2017 and money deposited by them was forfeited.
7. After receiving Possession Intimation letter dated 09.11.2016, the complainants through emails dated 20.11.2016 and 26.11.2016, requested for site visit and through email dated 07.12.2016 demanded for "occupation certificate". The opposite party did not respondent. The complainants visited the site but they were not allowed to enter the said villa by the guards. On external examination, the complainants found that a farmer was staying and cultivating the land just behind, right up to the rear wall of the said villa. The complainants gave a legal notice dated 08.12.2016 to postpone delivery of possession of reallocated villa and raising any demand until the farmer behind the reallocated villa is evicted or refund entire money deposited by the complainants with interests. The opposite party, through email dated 16.12.2016, informed that rear encroachment was removed and they cannot show approvals on individual basis. The opposite party was not permitting inspection of changed villa and not showing any document to the complainants relating to it, cancellation of allotment was illegal. The opposite party was not entitled to forfeit the money deposited by the complainants.
ORDER
In view of aforesaid discussions, the complaint is partly allowed with cost of Rs.one lac. The opposite party is directed to refund entire amount deposited by the complainants with interest @9% per annum from the date of respective deposit till the date refund, within a period of two months from the date of this judgment.
......................J RAM SURAT RAM MAURYA PRESIDING MEMBER ...................... DR. INDER JIT SINGH MEMBER