S.P. KALRA AND ORS. Vs. OMAXE BUILDHOME PVT. LTD.

JUDGEMENT

(1.) THROUGH this complaint, complainants Sh. S.P. Kalra and his wife Smt. Chanda Kalra have claimed refund of total amount of Rs. 19,85,375 paid to OP -Omaxe Buildhome Pvt. Ltd. along with interest @ 24% p.a. together with Rs. 22,000 being cost of two legal notices. Besides, damages suffered by way of harassment, mental agony and pain, etc. and the costs of litigations have also been claimed. Complainants booked an apartment with the OP in Greater Noida and paid a sum of Rs. 6,40,000 as booking amount through receipt No. 8844375 dated 6.10.2006. The payment was made through cheque.

(2.) Thereafter a further some of Rs. 4,54,375 was paid by cheque No. 510719 dated 20.7.2008 vide receipt No. 318938 dated 24.7.2008. The complainants thus paid total sum of Rs. 10,94,375 to the OP, and the OP allotted apartment No. GNUM/Peach Palm -E/402 in Sector MU, Greater Noida vide letter of allotment dated 21.9.2007. The complainants also booked another apartment offered by OP in Omaxe Galaxy, Sector 112, Noida and paid a sum of Rs. 6 lac vide cheque No. 941353 dated 17.5.2007 and receipt No. 212825 dated 24.5.2007 was issued by the builder. A sum of Rs. 2,91,000 was further paid through cheque against receipt No. 334555 dated 25.11.2008. Thus a total sum of Rs. 8,91,000 was paid and OP allotted Aptt. No. EUROPA -A/Fifth/502 in Omaxegalaxy, Sector 112, Noida vide their letter No. OL/COMM/N/459 dated 25.11.2008.

(3.) AFTER some time complainants contacted the officials of OP enquiring about the status of two projects which were booked. Complainants were advised that Omaxe Galaxy project in Sector 112, Noida stood shelved since the government approvals were not forthcoming. The officials suggested that complainants should get the amount of Rs. 8,91,000 paid for Aptt. No. 502 EUROPA -A, Omaxe Galaxy in Sector 112, Noida transferred to the booking made by the complainants for Aptt. No. 402, in Peach Palm E Tower in MU Sector, Greater Noida in their own interest. Believing them, the complainants gave a letter dated 29.1.2009 and the OP effected transfer of funds of Rs. 8,91,000 to the apartment No. 402, Peach Palm E Tower, MU Sector, Greater Noida. Subsequently, the complainants found that the construction of apartment No. 402 in Peach Palm E Tower, Sector MU, Greater Noida was not progressing and the complainants requested for refund of Rs. 19,85,375 paid for two apartments along with interest through their letter dated 15.4.2009 against acknowledgement. The complainants visited the office of the OP on 12.5.2009 and the OPs officials gave a very rosy picture of their project in MU Sector, Greater Noida and suggested that to make up the loss to the complainants on booking in Omaxe Galaxy in Sector 112, Noida, where the project stood shelved, the complainants should request for transfer from their original apartment No. 402, Peach Palm Tower E to apartment No. 503, Bango Palm -B in MU Sector, Greater Noida, where the construction was fast. The complainants agreed and through letter date 12.5.2009 requested to this effect and the transfer was made by the OP then and there on the same day i.e. on 12.5.2009 itself. Thereafter the OP vide their letter No. OBPL/ALOT/GNMU/375 dated 22.12.2010 unilaterally and without taking consent of the complainants changed the allotment of apartment No. 503, Bango Palm Tower -B in MU Sector, Greater Noida to apartment No. 503 in Peach Palm Tower -A in MU sector of Greater Noida on the ground that Tower Bango Palm -B was still under developed compared to Peach Palm A Tower. The complainants vigorously followed up the matter with the builders by personal visits on different occasions; however, the company did not respond in a proper manner and failed to keep their promise. The complainant was therefore compelled to sent legal notice dated 8.3.2011 which was acknowledged and replied by the OP. The complainants also sent another legal notice dated 29.4.2011 through Counsel. The OP company acknowledged having received a sum of Rs. 19,85,375 from the complainants but gave unacceptable and deliberate denials with various issues and adopted unfair trade practice in their dealing with the complainants. There was no proper response from the builder to settle the issue. Instead, the OP in a routine manner sent letter No. OBPL/NOR/GNMU/375 dated 27.6.2011 seeking further payments. Therefore, the complainants were left with no choice but to file present complaint against the builder for refund of money deposited and other reliefs.