AI Structured Summary
Not yet generated for this judgment
Judgment
Ms. Ira Dhingra, Advocate, holding brief of Ms. Medha Ahluwalia, Advocate, sought for adjournment of the case on behalf of opposite party. The notice, issued in the complaint, was served upon opposite party on 14.09.2019. In spite of service of notice of the complaint, the opposite party did not filed written reply within the statutory period. By order dated 11.10.2021, right of the opposite party to file written version has been closed and the case was directed to proceed ex-parte. As such we are not inclined to adjourn the case.
Heard Ms. Swati Setia, Advocate, for the complainant.
This complaint has been filed for directing ARN Infrastructures India Ltd. (the opposite party) to refund Rs.10917218/- along with interest @18% pa. from the date of deposit, till the date of payment; to pay Rs.13250000/- with interest @ 18% p.a. from April 2010, till the date of payment; to pay Rs.one crore as compensation for loss of opportunity and for depriving the complainant of the benefit for his investment; to pay Rs.35/- lakhs as compensation for mental agony and harassment, to pay Rs.200000/- as cost of litigation and any other relief which is deemed fit and proper in the facts of the case.
The complainant stated that ARN Infrastructures India Ltd. (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of residential and commercial complex. The opposite party launched a project in the name of “The Globus” at Knowledge Park-III, Greater Noida, U.P. in the year 2008. On coming to know about the project, the complainant booked an office space on 18.03.2008 and deposited a cheque of Rs.1678950/-. As per demand, the complainant deposited another cheque of Rs.8576050/- on 07.04.2008. The opposite party executed Provisional Builder Buyer Agreement dated 07.04.2008 in favour of the complainant in respect of Unit OF-6, of the IT/ITes complex, “the Globus”, Greater Noida, area 2893.34 sq.ft. in which deposit of Rs.10255000/- was acknowledged. The opposite party subsequently issued another allotment letter dated 30.09.2010, allotting space Nos.C-325,326,340 and 341 area 2928 sq.ft, on third floor in Tower –C of the Complex “the Globus”. As per demand, the complainant further deposited Rs.662218/- through cheque dated 20.12.2010. The opposite party then issued a “No Dues certificate” on 22.12.2010. As per agreement, the possession has to be handed over till December, 2009, but neither the construction was completed nor the complainant was ever offered possession of the unit allotted to him. The complainant came to India in February, 2011. The opposite party handed over a letter of occupation dated 22.12.2010, but the possession of the space has not been handed over to the complainant at that time or on subsequent dates. The complainant gave a legal notice to the opposite party on 29.05.2019. In spite of service of notice, no reply has been filed by the opposite party. Then this complaint was filed on 05.08.2019.
This Commission vide order dated 08.08.2019 admitted the complaint and issued notice to the opposite party. As per office report, notice has been served upon the opposite party on 14.09.2019. Even then no reply has been filed within statutory period. The complainant filed Affidavit of Evidence on 16.12.2021.
We have considered the arguments of the counsel for the complainant. The payment has been made by the complainant through cheque which has been acknowledged by the opposite party in Provisional Builder Buyer Agreement, “No Dues certificate” dated 22.12.2010 as well as in the statement of account maintained by the opposite party. In spite of full payment being made in December, 2010, the possession of the Unit allotted to the complainant (either originally in Provisional Builder Buyer Agreement dated 07.04.2008 or in Provisional Allotment Letter dated 30.09.2010) has never been offered till today. The complainant cannot be made to wait for unlimited period for possession. In the circumstances, the complainant is entitled for refund of the money with interest.
ORDER
In the result, the complaint succeeds and is allowed. The opposite party is directed to return entire amount deposited by the complainant with interest @9% pa. from the date of respective deposit till the date of actual payment, within a period of two months from the date of this judgment.