IN THE DELHI STATE CONSUMER DISPUTESREDRESSAL COMMISSION Date of Institution: 20.07.2020 Date of hearing: 20.09.2024 Date of Decision: 26.11.2024 FIRST APPEAL NO.-100/2020 IN THE MATTER OF PHILIPS COOPERATIVE GROUP HOUSING SOCIETY LTD.

REGD. NO.1024 PLOT NO.3, SECTOR 23, DWARKA NEW DELHI - 110077 (Through: Dr. Bipin K Dwivedi, Advocate)

…Appellant VERSUS MR. D.S. KUNDU R/O C-503, SECTOR 23, PLOT NO.3 PHILIPS TOWER, NEW DELHI-110075 …….Respondent in person CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Mohit Kaushik, proxy counsel for Dr. Bipin K Dwivedi, Advocate, Counsel for the Appellant.

None for the Respondent.

PER :HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“The Complainants herein is the member of Group Housing Society Namely, Philips CGHS Limited (OP). The OP has launched a project namely Philips Towers sometime in the year 1994 and started construction of this tower in December

1995.

OP also offered to construct and allot additional room car parking space in the basement of the building for its members. The additional room/car parking were only 50 against 120 members of the OP. The OP has fixed a cost of said additional room/car parking in the basement of the building at Rs. 50,000/-. The Complainant also booked an additional room /car parking and made the payment of Rs. 50,000/- against the demand from the OP in December 1998. The Complainant alleges in the complaint before us that despite lapse of more than 20 years since the payment was made to the OP for this basement car parking/ additional room, the OP has not allotted the same to the Complainant.

The OP completed the building in March 2001 and the flats were allotted to its 120 members through draw of lots but the allotment of additional room /car parking space was kept in abeyance. The Complainant was allotted flat no C-503 which was also confirmed by the land owing agency Delhi Development Authority vide its letter dated 06.12.2004. It is important to mention here that vide certificate of allotment issued by the OP, which was in accordance with the confirmation by DDA, the OP has allotted flat of 'A' Category with 145.72 sq. mtrs bearing flat no. 503 in Block C on filth floor with specific earmarked car parking space for one car in open area". The car parking space was different from the additional car parking space in the additional room for which the Complainant has made payments in the month of December 1998.

On 01.04.2013, OP has issued a letter to all its member including the Complainant whereby OP has admitted that at least till the date of the letter, completion certificate of the building was also not obtained by the OP particularly for the reason that allotment of additional room/ car parking space in the basement would require structural changes which may not be possible immediately. It is to be noted here that the additional room. Parking in basement has already been constructed by the OP, but the OP has not allotted the same to its members.

Vide the same letter, OP has offered adjustment of the payment of Rs. 50,000/- against the dues of the members on account of their future maintenance charges. Accordingly, the OP has raised a demand of Rs.44,907/- from the Complainant after adjustment the said amount charged on account of additional room/ car parking in basement from the Complainant. In the complaint before this Forum the Complainant has sought a direction to the OP to either allot the additional room /car parking in the basement to the Complainant or to direct the OP to refund the amount charged from the Complainant in the year 1998 with interest @ 24% P.A. from the date of payment till actual payment made and also has sought compensation and litigation expenses..”

2. The District Commission after taking into consideration the material available on record passed the order dated 25.01.2019, whereby it held a