Case nº First Appeal No. 300/ 496 Of 2012, (Against the Order dated 07/05/2012 in Complaint No. 66/2011 of the State Commission Chandigarh) of NCDRC Cases, February 13, 2017 (case 1. Omaxe Ltd. & Anr. 2. Dr. Ambuj Chaudhary Vs 1. Dr. Ambuj Chaudhary 2. Omaxe Ltd. & Anr.)
| Judge | For Appellant: Mr. Rajat Bhardwaj, Advocate and For Respondents: Mr. Abhinit Taneja, Advocate |
| President | Dr. B.C. Gupta,Presiding Member |
| Resolution Date | February 13, 2017 |
| Issuing Organization | NCDRC Cases |
Order:
Dr. B.C. Gupta, Member
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These two first appeals filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986, arise out of the impugned order dated 07.05.2012, passed by the U.T. Chandigarh State Consumer Disputes Redressal Commission (hereinafter referred to as ''the State Commission'') in Consumer Complaint No. CC-66/2011, filed by the complainant Dr. Ambuj Chaudhary against the Opposite Party (OP), M/s Omaxe Limited, Builder / Developer, vide which, the said complaint was allowed and the OPs were directed to refund the sum deposited with them by the complainant alongwith interest and compensation. The complainant has challenged the impugned order, seeking enhancement of compensation awarded by the State Commission, whereas the OP have sought dismissal of the consumer complaint upon various grounds.
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Briefly stated, the facts of the case are that the OPs Builder/Developer floated a scheme for development of a group housing project at Pargana Dharampur, Tehsil Nalagarh, Himachal Pradesh under the name and style of "Omaxe Parkwoods". As per the complainant, the basic price of the flat booked by him was fixed at `16,94,550/-, out of which 15% of the said price was to be deposited at the time of booking. Accordingly, the complainant deposited a sum of `2,50,000/- vide receipt No. 222360 dated 24.05.2006 and again deposited a sum of `50,000/- vide receipt No. 222403 dated 06.06.2006. As per the complainant, the OP Builder had undertaken to handover the possession of the property within 18 months from the date of booking. However, the OPs failed to start the construction on the project and they were not having necessary approvals even for the purpose, from the competent authorities. The complainant alleged that the OPs had allured the public by making false and misleading advertisement of handing over the possession within the said period. The OPs issued a letter dated 27.12.2008 to the complainant asking him to deposit the payment of instalments alongwith interest within 10 days. This was followed by another letter dated 11.02.2009 intimating about the outstanding amount of `13,57,322.50ps. They further promised that the possession of the property would be delivered within 18 months from the date of signing the agreement. Consequently, an agreement was executed on 19.03.2009 between the parties, whereby a flat bearing no. 302 in Gulmohar C-Tower at 3rd Floor was allotted to the complainant. The complainant also made payment of the outstanding amount of `13,57,322.50ps. in lump sum, after availing loan from the IDBI Bank limited, which was payable in 120 instalments of `15,881/- each. The complainant alleged that the period of 18 months from the date of agreement, i.e., 19.03.2009 had also expired on 19.09.2010, but there was no development activity on the site. Despite contacting the OPs several times, writing letters to them and also issuing legal notice dated 11.08.2011, there was no fruitful result in the matter; even the reply to the legal notice was not sent by the OP. The complainant filed consumer complaint in question, seeking the following relief:-
a. to refund the deposited amount, i.e., `16,57,322/- alongwith interest @18% from the date of deposit till realisation.
b. to pay `24,315/- as insurance paid by the complainant for the insurance of his home loan.
c. to pay `8,65,000/- as rent paid by the complainant.
d. to pay `5,00,000/- as damages suffered by the complainant on account of escalation of costs.
e. to pay punitive damages to the extent of `2,00,000/-.
f. to pay compensation to the tune of `2,00,000/- for mental agony and harassment suffered by the complainant.
g. to pay the litigation expenses to the tune of `22,000/-.
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It was explained that the complainant had hired a rented accommodation where he stayed with effect from 01.04.2005 to 31.03.2008 and a payment of `8,65,000/- had been made as rent by the Fortis Hospital, where he was working.
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The complaint was resisted by the OPs Builders by filing a written statement before the State Commission, saying that the complainant failed to make payment of the instalments as per the payment plan after making the initial deposit with them. Despite issuing reminders from time to time, the said instalments were not paid. Even then, the OPs refrained themselves from cancelling the allotment and forfeiting the earnest money deposited by him. The OPs stated that the development work on the project was in full swing and the possession will be offered as per the agreed terms and conditions. In so far as raising of loan etc. for making payment was concerned, the OPs were not liable in any manner on that account. The OPs maintained that all allegations levelled against them were baseless and there was no deficiency in service...
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