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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member
Nitishree Victim’s Welfare Association —Complainant
versus
M/s. Shourya Towers Pvt. Ltd. (Formerly Known as M/s. Nitishree Infrastructure Ltd.) and Anr. —Opp. Parties
Consumer Case No.149 of 2013
Decided on 13.4.2022
For the Complainant:Mr. Gagan Gupta, Advocate
For the Opp. Parties:Mr. Praveen Mahajan and Ms. Tripti Kapoor, Advocates
IMPORTANT POINT
Commercial Purpose – mere booking of more than one residential unit does not ipso facto will be taken as a commercial purpose.
Headnote:
(A) Consumer Protection Act, 1986 – S.12(1)(a) [Consumer Protection Act, 2019 – S.35(1)(a)] – Services – Real Estate – Society – Compliant has been filed for inordinate delay on the part of the builder in development as well as offer of possession of the plots/flats – Plea raised as to maintainability of Complaint – Registered voluntary association of the consumers – On facts, the complainant is a registered voluntary association of the consumers, therefore, the complaint is maintainable under Section 12 (1) (b) of the Consumer protection Act, 1986 – The builder has not adduced any evidence that the members of the complainant association were engaged in sale and purchase of the immovable property, as such, it cannot be held that they are not consumer. [Para 9].
(B) Consumer Protection Act, 1986 – S.12(1)(a) [Consumer Protection Act, 2019 – S.35(1)(a)] – Services – Real Estate – Society – Compliant has been filed for inordinate delay on the part of the builder in development as well as offer of possession of the plots/flats – Pecuniary Jurisdiction – Where the complaint has been filed under Section 12(1)(b) and under Section 12(1)(c) of the Consumer Protection Act, 1986, then the valuation of the claim of each members will be jointly considered for determining the pecuniary jurisdiction of this Commission – Thus, objections raised by the opposite party relating to pecuniary jurisdiction as well as maintainability of the complaint are rejected. [Para 10].
(C) Consumer Protection Act, 1986 – S.12(1)(a) [Consumer Protection Act, 2019 – S.35(1)(a)] – Services – Real Estate – Society – Whether members of the complainant association were justified in not depositing the money in response of demands letters as well as reminders issued by the builder – There is inordinate delay on the part of the builder in development as well as offer of possession of the plots/flats. Confusion has also been created as the layout plan was sanctioned in the name of S.M.V. Agencies Pvt. Limited (Consortium) – Therefore, the members of the complainant association were justified in not depositing the money in response of demands letters as well as reminders issued by the builder. At present more than 15 years have passed, after booking the plot/flat by the members of the complainant association, therefore, it is in the interest of justice, the builder may complete the project in all respect and offer possession within a period of six months. The builder would be entitled to charge simple interest @9% per annum of the dues, from the allottees – Complaint allowed. [Paras 11, 12].
Result: Complaint allowed.
ORDER
1. Heard Mr. Gagan Gupta, Advocate, for the complainant and Mr. Praveen Mahajan, Advocate for the opposite parties.
2. Nitishree Vitim’s Welfare Association is a society registered under the Societies Registration Act, 1860. The aim and object of the society, inter alia, is to file complaints/ suits/writs/special appeals at various legal forums in Delhi or any other State on behalf of its members and do follow ups etc. It is a “voluntary consumer association” within the meaning of Section 12 (1)(b) of the Consumer Protection Act, 1986. The details of the names and other particulars of members of the complainant association are given below:-
Chart of Complainants as Per Order Dated 24.09.2019
| Name of the Members | Date of Allotment /Booking Agreement | Plot/Flat No. | Rate of Allotment INR per Sq.ft. area | Amount paid with Dates |
| 1. Pritam Lal Narula | 22.05.2006 21.06.2006 | Residential Apartment of area 1395 sq.ft. without specifying apartment number was allotted | Rs.1995/- per square feet | Rs.300000/- (Rs. Three Lac only) paid on 22.05.2006 by cheque |
| 2. M/s. Aman Finvest Pvt. (2 plots) | Booking 03.10.2005 Agreement- 20.03.2007 | (i) Residential Plot no.B-582 measuring 240 sq. yd. | Rs.6880/- per square yard | (i) Rs.400000/- on 03.10.2005 (ii) Rs.225920/- on 07.04.2006 (iii) Rs.250000/- on 20.11.2006 Total Paid = Rs.875920/- till 20.11.2006 |
| Booking 07.01.225 Plot Agreement -20.03.2007 | (ii) Residential Plot no.B-647 measuring 240 sq. yd. | Re.6898/- Per square yard | (i) Rs.400000/- on 07.10.2005 (ii) Rs.227432/- on 07.04.2006 (iii) Rs.250000/- on 20.11.2006 Total Paid = Rs.877432/- till 20.11.2006 | |
| 3. Jagannath | Plot Agreement and Allotment letter dated 27.08.2007 | Residential Plot No.D-1766 measuring 175 sq.yd. | Rs.8995/- per square yard | Rs.917500/- till 27.08.200/- Total = Rs.917500/- as per page 166 and 168 of Volume I |
| 4. Jindal Securities Pvt. Ltd. (2 plots) | Booking dated 27.9.2005 Plot agreement and allotment letter dated 20.03.2007 Booking dated 6.10.2005 Plot agreement and allotment letter dated 20.03.2007 | (i) Residential Plot no.A-201 measuring 240 sq.yd. (ii) Residential Plot no.A-200 measuring 240 sq.yd. | Rs. 6880/- Per square yard Rs.6898/- per square yard | (i) Rs.40000/- on 27.09.2005 (ii) Rs.225920/- on 07.04.2006 (iii) Rs.250000/- on 20.11.2006 Total Paid = Rs.875920/- till 20.11.2006 (i) Rs.400000/- on 06.10.2005 (ii) Rs.227432/- on 05.04.2006 (iii) Rs.250000/- on 20.11.2006 Total Paid = Rs.877432/- till 20.11.2006 |
| 5. Ms. Madhu Sharma | Plot agreement dated 06.12.2007 | Residential plot C-683 measuring 175 sq.yd | Rs.8995/- per square yard | Rs.795856/- paid till 06.12.2007 Total paid = Rs.795856/- |
| 6. M/s. Supreme Portfolio Pvt. Ltd. | Booking dated 4.10.2005 Plot agreement and allotment letter dated 20.03.2007 | Residential Plot measuring B-626 measuring 240 sq.yd. | Rs.6899/- per Square yard | (i) Rs.400000/- on 04.10.2005 (ii) Rs.227498/- on 05.04.2006 (iii) Rs.250000/- on 20.11.2006 Total Paid = \Rs.877498/- |
| 7. Yogesh Tejpal | Booking dated 28.2.2006, Allotment letter & Plot Agreement dated 21.03.2007 | Residential Plot no.F-1079 measuring 175 sq.yd. | Rs.10,000/- per square yard | Paid Rs.395000/- on 282.2006 Paid Rs.305000/- on 21.3.2007 Total = Rs.700000/- |
| 8. Shivani Agarwal | Booking dated 26.10.2005, Allotment letter dated 27.01.2007 | Residential Plot no.B-454 measuring 240 sq. yd. | Rs.7995/- per square yard | (i) Rs.480000/- on 23.10.2005 (ii) Rs.207680/- on 23.02.2006 (iii) Rs.254765/- on 20.01.2007 Total = Rs.942445/- |
| 9. Rajiv Agawal and Deepika Agarwal | Booking dated 25.10.2005, allotment dated 22.01.2007 | Residential Plot no.A-321 mea |
