Delhi

East Delhi

CC/572/2015

KRISHAN LAL - Complainant(s)

Versus

AMI PRABHU - Opp.Party(s)

05 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO.  572/15

 

Shri Krishan Lal

S/o Late Shri Udai Singh

R/o 13A/3, 2^nd Floor, W.E.A.

Karol Bagh, New Delhi – 110 005                                 …….Complainant

 

Vs.

 

1. AMI Prabhu Developers Pvt. Ltd..

Through its Director and authorized Signatory

Shri Bijender Singh Lather

1170, Sector-2, Bahadurgarh – 124 507

Distt. Jhajjar, Haryana

 

2. M/s. Prabhu Shanti Real Estate Pvt. Ltd.

Through its Director and authorized Signatory

Shri Bijender Singh Lather

Sector-3A, Bahadurgarh

Distt. Jhajjar, Haryana-124 507

 

3. Shri Bijender Singh Lather

Director and authorized Signatory

AMI Prabhu Developers Pvt. Ltd.

1170, Sector-2, Bahadurgarh – 124 507

Distt. Jhajjar, Haryana

 

4. Shri Joginder Singh Lather

Director

AMI Prabhu Developers Pvt. Ltd.

1170, Sector-2, Bahadurgarh – 124 507

Distt. Jhajjar, Haryana

 

5. Ms. Bhavna Lather

Director

AMI Prabhu Developers Pvt. Ltd.

1170, Sector-2, Bahadurgarh – 124 507

Distt. Jhajjar, Haryana

 

 

6. Shri Ram Niwas Lather

Director

AMI Prabhu Developers Pvt. Ltd.

1170, Sector-2, Bahadurgarh – 124 507

Distt. Jhajjar, Haryana

 

7. Shri Sajjan Singh

Director

AMI Prabhu Developers Pvt. Ltd.

1170, Sector-2, Bahadurgarh – 124 507

Distt. Jhajjar, Haryana                                                     ….Opponents

 

Date of Institution: 02.09.2015

Judgment Reserved on: 05.05.2017

Judgment Passed on: 11.05.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Shri Krishan Lal against         M/s. AMI Prabhu Developers Pvt. Ltd. (OP-1), Prabhu Shanti Real Estate Pvt. Ltd. (OP-2), Shri Bijender Singh Lather (OP-3), Shri Joginder Singh Lather (OP-4), Ms. Bhavna Lather (OP-5), Shri Ram Niwas Lather (OP-6) and Shri Sajjan Singh (OP-7) under Section 11 and 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant Shri Krishan Lal booked one 3 BHK flat with respondents at PDM Greens, Sector – 3A, Sarai Aurangabad, Bahadurgarh, Haryana, measuring about 1750 Sq. Ft. @ Rs. 3,204/- per sq. ft. on 10.12.2013 by paying a booking amount of Rs. 5,00,000/- through cheque no. 157819 dated 10.12.2013 drawn on ICICI Bank. 

          He was again called upon through letter of dated 17.12.2013 to make a further payment of Rs. 5,00,000/- towards the second installment which was paid by him by way of two cheques of               Rs. 2,00,000/- and Rs. 3,00,000/- having cheque no. 771955 dated 10.03.2014, drawn on State Bank of India and dated 09.03.2014, drawn on ICICI Bank respectively.  Both these cheques were encashed.  However, after the second installment, the complainant did not receive any information about the said project.  He sent a registered letter of dated 07.01.2015 to find out the status of the project, however, he has not received any reply.  He issued a legal notice of dated 19.06.2015 calling upon the respondents to refund the amount of Rs. 10,00,000/- alognwith interest @ 18% p.a., but this notice has been returned.        Thus, he has stated that this has caused mental pain and agony as the respondents have been deficient in providing the services.  Hence, he has claimed a refund of Rs. 10,00,000/- alongwith interest   @ 18%, Rs. 5,00,000/- towards damages as the prices in that area have gone up very high and Rs. 2,00,000/- towards mental harassment.

3.       Notice of the complaint was served.  Counsel appeared on their behalf, but did not file the WS.  Even during the course of proceedings, the counsel stopped appearing; hence they have been proceeded         ex-parte.

4.          In support of its case, the complainant has examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited documents such as application of booking (Ex.PW1/1), receipt for an amount of   Rs. 5,00,000/- dated 10.12.2013 (Ex.PW1/2), letter of dated 17.12.2013 of M/s. AMI Prabhu Developers Pvt. Ltd., written to the complainant asking for deposit of Rs. 5,00,000/- towards second installment (Ex.PW1/3), letter written by the complainant of dated 07.01.2015 asking for refund of amount (Ex.PW1/4), legal notice of dated 19.06.2015 and its postal receipts (Ex.PW1/5 and 1/6) and un-served notice (Ex.PW1/7).   

5.       We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the testimony of the complainant, which has gone un-rebutted and the documents such as receipt of dated 10.12.2013, issued by M/s. AMI Prabhu Developers Pvt. Ltd. having received an amount of Rs. 5,00,000/- towards registration amount and the statement of account, filed by the complainant showing a cheque for an amount of Rs. 2,00,000/- in favour of M/s. AMI Prabhu Developers Pvt. Ltd. and Rs. 3,00,000/- having cheque no. 771955 and 157823 of dated 03.04.2014 show that the complainant have paid the second installment of Rs. 5,00,000/- as stated in the complaint as well as in his testimony. 

          Thus, the fact remains that the complainant has paid an amount of Rs. 10,00,000/- towards 3 BHK flat in PDM Greens, Sector – 3A, Sarai Aurangabad, Bahadurgarh, Haryana, which have not been delivered to him inspite of reminders and legal notice.  Not only that, even no construction work is said to have taken place on the proposed project. 

          The fact that on depositing the huge amount of Rs. 10,00,000/- when the complainant have not been given possession within the reasonable period, certainly, the complainant have to be refunded the amount paid.  By not getting the documents executed for possession of the flat and the possession have not been given, certainly, the complainant have suffered mental pain and agony for which he has to be compensated also.      

          In view of the above, it is ordered that M/s. AMI Prabhu Developers Pvt. Ltd. (OP-1) shall refund the amount of Rs. 10,00,000/- with interest @ 9% p.a. from the date of filing.  We further award an amount of Rs. 50,000/- on account of mental pain and agony, which includes the cost of litigation also.  This order be complied within a period of 45 days.  If not complied, then Rs. 50,000/- shall also carry interest @ 9% p.a. from the date of order.

          No liability can be fastened on Prabhu Shanti Real Estate Pvt. Ltd. (OP-2) as OP-2 is not a necessary party and Shri Bijender Singh Lather (OP-3), Shri Joginder Singh Lather (OP-4), Ms. Bhavna Lather (OP-5), Shri Ram Niwas Lather (OP-6) and Shri Sajjan Singh (OP-7) are only the Directors of M/s. AMI Prabhu Developers Pvt. Ltd. (OP-1) and the company have been made liable for their acts.    

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                                 (HARPREET KAUR CHARYA)

       Member                                                                    Member              

     

 

  

   (SUKHDEV SINGH)

             President