PRADEEP CHAUDHARY Vs. OMAXE BUILDHOME PVT. LTD.

JUDGEMENT

(1.) THIS is a complaint under Section 12 read with Section 17(1)(a) of the Consumer Protection Act, 1986 (in short the Act). Complainant Sh. Pradeep Chaudhary is a senior citizen, applied for allotment of an apartment No. 1304, 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. Along with application dated 26.9.2006 cheque No. 255937 dated 18.9.2006 for a sum of Rs. 6,40,000 drawn on ICICI Bank was attached 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. The construction was to be completed within 30 months from the date of allotment letter. In case of delay the O.P. 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, the payment was to be made as per construction linked payment schedule given as Plan -A in the complaint. Copy of the letter date 31.10.2008 is Annexure -C1. The complainant made further payments of Rs. 4,72,000, Rs. 2,46,000, Rs. 3,93,975 through cheques. The copies of receipts issued by O.P. regarding the payment are Annexure -C (Colly).

(2.) IT was alleged by the complainant that despite timely payments made O.P. failed to raise construction of the apartment as per schedule and time agreed for completion of the construction expired on 30.4.2011. Since the project was considerably delayed, complainant requested the O.P. through letter dated 25.3.2010 either to transfer money to the O.P. Jaipur Project or return his money with interest. Copy of the letter date 25.3.2010 is Annexure C -3. In response the O.P. sent letter date 24.4.2010 informing the complainant that request could not be accepted. Copy of the letter dated 24.4.2010 is Annexure C -5.

(3.) COMPLAINANT received a letter date 24.10.2011 from the O.P. alleging failure to make timely payment of dues and demanding balance dues payment by 10.11.2011. Copy of the letter dated 24.10.2011 is Annexure 10. Despite clear cut (several) 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, O.P. failed to correct its records and suo motu treated that complainant has accepted the offer of the OP. It was most unfair and arbitrarily on the part of the OP. In reply to OP's letter date 24.10.2011, complainant issued letter dated 7.11.2011 reiterating his earlier stand that he does not want change of flat. The O.P. also failed to revise the rate of apartment to Rs. 1950 per sq.ft. Copy of the letter dated 7.11.2011 is Annexure C -11. Not only this, the complainant received another letter dated 14.11.2011 of the O.P. 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 has been forfeited on account of administrative charges towards the cancellation of the apartments. It was alleged that the act of O.P. regarding suo motu change of apartment and its cancellation and forfeiture of the amount paid towards booking of apartment No. 1304, 13th Floor Sugar Palm -C Tower was wholly unjust, unfair and illegal. Copy of the letter dated 14.11.2011 has been annexed as Annexure C -12. Under these circumstances, the complainant was left with no choice but to send legal notice dated 29.11.2011 to O.P. calling upon to withdraw its letter dated 14.11.2011 unconditionally, correct its record and make payment of penalty clause amount of Rs. 59,500 and to continue making penalty payment of Rs. 8,500 per month until handing over possession of the apartment. Copy of the letter dated 29.11.2011 is Annexure -C13. Notice dated 29.11.2011 was replied by the OP, denying the contents of the notice without any basis. Copy of the reply dated 29.12.2011 sent by O.P. is Annexure C -14.