State Consumer Disputes Redressal Commission
Smt. Santosh Malhotra vs Ajs Builders Ltd. And Anr. on 28 January, 2015
Daily Order IN THE STATE COMMISSION DELHI Constituted under Section 9 of the Consumer Protection Act, 1986 Complaint Case No. CC/09/236 1. SMT. SANTOSH MALHOTRA B-165 LAJPAT NAGAR-I NEEW DELHI-24 Delhi ...........Complainant(s) Versus 1. AJS BUILDERS LTD. AND ANR. 8 SHAHEED BHAGAT SINGH MARG GOLE MARKET NEW DELHI-1 Delhi ............Opp.Party(s) BEFORE: HON'ABLE MR. S.C.JAIN PRESIDING MEMBER HON'ABLE MR. JUSTICE N.P KAUSHIK MEMBER For the Complainant: For the Opp. Party: ORDER N P KAUSHIK - MEMBER (JUDICIAL) JUDGEMENT
This judgment shall dispose of all the above said 8 complaints. Facts by and large in all the abovesaid complaints are the same.
The Complainants had booked a flat each with M/S A.J.S. Builders Ltd., 8 Shaheed Bhagat Singh Marg, Gole Market, New Delhi (hereinafter referred to as OP). Flats were located in a project of the OP at Plot NO. 14, Khasra No. 350, Bhowapur, Kaushambi, Ghaziabad. Total consideration of each flat was Rs. 23,85,250/-. At the time of booking of flats, each Complainant had paid to the OP an amount of Rs. 12,50,000/-. Agreement to sale dated 25/9/2007 was entered into between the parties. The agreement provided for handing over the possession of the flat within a period of 6 months from the date of agreement. It was also stipulated in the agreement that in case of the failure of the Complainant to purchase the flat, the OP would buy the same back at a premium of Rs. 3,75,000/- in the month of January, 2008. Complainant visited the office of the OP. They were informed that the project got delayed due to the death of the husband of OP No.2 Smt. Madhu Singh. Complainant visited the site several times during the period between April, 2008 and December, 2008. They found no progress there. On 22nd January 2008 OP informed the Complainant that the project got delayed due to unavoidable circumstances. Flat Nos. as indicated in the agreement had also been changed. Vide said letter OP assured the Complainants to hand over the possession by 1st week of April 2009. On finding no further progress, the Complainant called upon the OP No.2 to hand over the possession vide letter dated 23rd May 2009.
OPs filed their written versions and admitted having entered into the agreement dated 25th September, 2007 separately with each Complainant. OP also admitted having received an amount of Rs. 12,50,000/- from each of the Complainant. The sole defence raised by the OP is that the project got delayed due to the death of the husband of the OP Sh. Prabjyot Singh Sabharwal.
OPs after filing of written version started absenting themselves from the proceedings. OPs were proceeded against ex-parte by this Commission vide order dated 8th July, 2014. Complainant filed their affidavit in evidence. They reiterated the averments made by them in their complaints.
We have no reasons to disbelieve the affidavit of the Complainants which have remained unchallenged.
Complainants got booked a flat each with OP in September, 2007. Much water has flown down the Gangas till then. Prices of real Estate have sky rocketed. Costs of construction have also gone high. Complainants' dream of having their own house is shattered.
OP failed to hand over the possession of the flats to the Complainants in a span of about 8 years. This is clear case of "Unfair Trade Practice". OP is, therefore, directed to pay to each of the Complainants as under:
to refund an amount of Rs. 12,50,000/- alongwith interest @ 18% per annum from the date of its deposit till the date of its realization.
to pay to the each Complainant a compensation to the tune of Rs. 3 lakh for harassment, mental agony, frustration and anguish caused to them.
Pay to the Complainants the costs of litigation charges of Rs. 30,000/- each.
The abovesaid payments shall be made by the OPs to the Complainants within a period of 60 days from today failing which the OPs shall be liable to pay interest @ 24% per annum on the amount accruing in favour of the Complainants.
Files be sent to the Record Room. [HON'ABLE MR. S.C.JAIN] PRESIDING MEMBER [HON'ABLE MR. JUSTICE N.P KAUSHIK] MEMBER