Delhi

East Delhi

CC/606/2015

NEETU - Complainant(s)

Versus

BABA PRO. - Opp.Party(s)

20 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 606/15

Ms. NEETU

W/O Mr. JITU

R/O H.NO. 158, BLOCK-K-1,

MOHAN GARDEN UTTAM NAGAR,

1.  

                                                                                                                        ….Complainant

Vs

 

M/S BABA PROP BUILD PVT. LTD.,

THROUGH ITS PROPREITOR/DIRECTOR,

NARENDER PAL SINGH

OFFICE & RESIDENCE AT

68-A, 1^ST FLOOR,

PNB BUILDING, MAIN ROAD,

OLD ARJUN NAGAR,

NEW DELHI-110051

                                                                                                                                                                                                                                                                              ….Opponent

 

Date of Institution: 14.08.2015

Judgment Reserved for: 20.02.2017

Judgment Passed on: 27.02.2017

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: Mr. SUKHDEV SINGH (PRESIDENT)

 

JUDGEMENT

1. Complainant Ms. Neetu has filed this complaint against M/S Baba Prop Build Pvt. Ltd., Under Section 12 of the Consumer Protection Act 1986, for deficiency in service. 
2. Complainant Ms. Neetu booked a residential plot in the project known as M/S Baba Prop Build Pvt. Ltd. She paid a sum of Rs. 2,00,000/- on 28/04/2013 at the time of booking, and Rs.2,00,000/- on 02/07/2013 making a total sum of Rs.4,00,000/-. She has stated that she was assured the possession of residential plot within the period of few days which has not been fulfilled. M/S Baba Prop Build Pvt. Ltd., (OP) accepted to refund the amount of Rs.4,00,000/- and issued two cheques Bearing No. 42315 & 42316 for a sum of Rs. 2,00,000/- each drawn on Punjab National Bank, Radhey Puri, Delhi 110051. When these cheques were presented they were dishonored. The complainant informed M/S Baba Prop Build Pvt. Ltd., (OP) who asked the complainant to return the cheques and paid a total sum of Rs.1,40,000/- in cash against those cheques and promised to pay the balance amount of Rs.2,60,000/-  in the month of October 2014. The complainant returned all the cheques and in lieu of that M/S Baba Prop Build Pvt. Ltd., (OP) issued one cheque bearing No. 432477 dated 25/10/2014 for an amount of Rs.2,60,000/-. This cheque was also dishonored when presented. The complainant gave legal notice to M/S Baba Prop Build Pvt. Ltd., (OP) on 05/05/2015. Thus the complainant has stated by not refunding the balance earnest money to the complainant, M/S Baba Prop Build Pvt. Ltd., (OP) committed deficiency in service. Thus she has prayed for refund of Rs.2,60,000/- with interest @ 24%, “Rs.3,00,000/- for mental agony”, Rs.50,000/- for litigation and Rs.2,00,000/- towards inflation of prices.
3. Notice of the complaint was served to M/S Baba Prop Build Pvt. Ltd. (OP) who did not put the appearance inspite of the notice, hence they have been proceeded ex-parte.
4. In support of the complaint, the complainant has examined herself. She has deposed the facts in the affidavit as mentioned in the complaint along with the documents such as, brochure of the project Ex. CW1/1, payment receipts of Rs.2,00,000/- each made on 20/04/2013 & 02/07/2014 Ex. CW1/2, statement of account Ex. CW1/3, copies of the cheque and receipts issued by OP Ex. CW1/4 (colly), and copies of cheques returned to OP Ex. CW1/5 (colly), returning memo of cheques CW1/6, legal notice and postal receipts along with POD Ex. CW1/7 (Colly).
5. We have heard the Ld. Counsel for the complainant and have perused the material placed on record. From the documents such as brochure of the project Ex. CW1/1 and payment receipt Ex. CW1/2, it is evident that the complainant booked a plot by paying total amount of Rs.4,00,000/-, Ex. CW1/4 are the cheques which were issued to the complainant and Ex. CW1/5 is the dishonored cheques returned by the complainant to the OP, Ex. CW1/6 is again returning memo of one cheque which was also dishonored. From these documents it comes out that the complainant had settled the matter with the OP but she did not get out of the settled amount a sum of Rs.2,60,000/- for which the cheque was dishonored. Thus by not honouring the settlement and by issuing the cheque which has been dishonored, it amounts to deficiency in service. Therefore complainant is entitled for the amount of dishonored cheque amounting to Rs.2,60,000/-. The fact that the complainant has not received the amount and OP has issued the cheque which was dishonored that to in pursuance of the settlement made the complainant has suffered mental pain and agony for which she was to be compensated.
6. In view of the above, it is ordered that M/S Baba Prop Build Pvt. Ltd will pay the amount of Rs. 2,60,000/- with 9% interest from the date of filing the complaint, Rs.30,000/- on account of mental pain and agony while includes the cost of litigation, no order as to compensation on account of inflation, as this type of relief cannot be entertained. The awarded amount of Rs. 2,90,000/- be paid within the period of 45 days, if not paid within the stipulated period, it will carry 9% interest from the date of filing this complaint till realization. 

Copy of this order be sent to both the parties as per law.

 

 

        (HARPREET KAUR CHARYA)                                                              (SUKHDEV SINGH)

                        MEMBER                                                                                     PRESIDENT