M/S. OMAXE BUILDHOME LTD. OMAXE HOUSE, LOCAL SHOPPING CENTRE (LSC) KALKAJI, NEW DELHI Vs. PRADEEP CHAUDHARY 2006, MISHA MENSION, KRISHNAPURI COLONY, W

JUDGEMENT

(1.) This order will dispose of these two Appeals No.02 of 2015 filed by M/s. Omaxe Buildhome Pvt. Ltd./the opposite party in the original complaint case and Appeal No. 11 of 2015 filed by the complainant Pradeep Chaudhary against the impugned order dated 27.10.2014 of the Delhi, State Consumer Disputes Redressal Commission, (in short 'the State Commission').

(2.) Brief facts of the case are that the complainant Sh. Pradeep Chaudhary a senior citizen, applied for allotment of an apartment No. 1304, on 13th floor in Sugar Palm-C Tower in the upcoming project of OP-M/s. Omaxe Buildhome Pvt. Ltd. Palm Green, Sector-MU, Greater Noida U.P. having super built area of 1700 sq. Ft. through application dated 26.09.2006 with cheque No.255937 dated 18.09.2006 for a sum of Rs.6,40,000.00 drawn on ICICI Bank as initial payment. The application was accepted and aforesaid apartment was allotted in the name of the complainant. Total cost of the apartment initially was Rs.50,50,500.00. The construction was to be completed within 30 months from the date of allotment letter. In case of delay the OP was liable to pay a sum of Rs.5 per sq. ft. per month to the complainant. Allotment letter was signed on 31.10.2008 and the payment was to be made as per construction linked payment schedule given as Plan-A in the complaint. The complainant made further payments of Rs.4,72,000.00, Rs.2,46,000.00 Rs.3,93,975.00 through cheques. It was alleged by the complainant that despite timely payments made, OP failed to raise construction of the apartment as per schedule and time agreed for completion of the construction expired on 30.04.2011. Since the project was considerably delayed, complainant requested the OP through letter dated 25.03.2010 either to transfer money to the OP's Jaipur project or return his money with interest. In response the OP sent letter dated 24.04.2010 informing the complainant that request could not be accepted. During the year 2010, due to slump in real estate there was a very low demand, therefore, OP decided to revise the rate of the apartments. OP gave a discount of Rs.08,07,500.00 to complainant as well as to other buyers. Thus the cost of the apartment was reduced to Rs.42,43,000.00. The complainant received another letter dated 23.12.2010 whereby to utter surprise of the complainant, OP suo-moto transferred the allotment to flat no.1304, 13th floor Peach Palm-B tower in the said project and demanded the amount as per schedule of payment given earlier. The flat allotted to complainant was still under development. The complainant however, through his letter dated 04.01.2011 informed the OP that he was not interested in change of the allotment from 1304, Sugar Palm-C apartment to 1304 peach palm-B apartment. Complainant insisted to retain the previous apartment. The OP sent another letter dated 11.03.2011 completely ignoring the letter sent by complainant, therefore, complainant replied to the letter dated 11.03.2011 of the OP through his letter dated 16.03.2011 reiterating the earlier stand that he was not interested in change of allotment. However, the OP did not pay any heed and failed to correct its record. Complainant received a letter dated 24.10.2011 from the OP alleging failure to make timely payment of dues and demanding balance dues payment by 10.11.2011. Despite clear cut objections raised by the complainant regarding the change of allotment of the flat from 1304 Sugar Palm-C apartment to 1304 peach Palm-B apartment, OP failed to correct its records and suo-motu treated that complainant has accepted the offer of the OP.Not only this, the complainant received another letter dated 14.11.2011 of the OP informing the complainant that allotment of the apartment No. 1304, 13th Floor, Peach Palm-B Tower in Omaxe Palm Green has been cancelled and a sum of Rs.6,56,625.00 has been forfeited on account of administrative charges towards the cancellation of the apartment.

(3.) The complainant filed a consumer complaint No. 27/2012 before the State Commission. The Opposite party, M/s. Omaxe Buildhome Pvt. Ltd. filed its written reply contesting the claims of the complainant, apart from raising some preliminary objections regarding jurisdiction. It was mentioned that the complainant was not entitled for refund of any amount or interest whatsoever. The complainant himself was at fault and did not make timely payment for development and construction of the said flat. The timely payment of instalments was the essence of allotment as has clearly been provided in clause 23 of the allotment letter. It was denied that there was any deficiency of service on the part of the OP or the OP indulged in any kind of unfair trade practise. As the complainant failed to make payment of the due amount despite repeated requests, OP had no option but to cancel allotment vide its letter dated 14.11.2011 and forfeit the amount paid by the complainant.