Delhi

East Delhi

CC/140/2016

HARVENDRA PRATAK - Complainant(s)

Versus

BCC INFRA - Opp.Party(s)

05 Jan 2018

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.  140/16

 

Shri Harndra Pratap Singh

S.o Shri Ravendra Singh

R/o C-49, Krishna Park

Deoli Road, Khanpur

Delhi – 110 062                                                           

 

Smt. Pratibha Rathor

W/o Shri Harendra Pratap Singh

R/o C-49, Krishna Park

Deoli Road, Khanpur

Delhi – 110 062                                                         ….Complainants

 

Vs.

 

BCC Infrastructures Pvt. Ltd.

206, Laxmi Deep Building

Plot -9, District Centre

Laxmi Nagar, Delhi – 110 092                                          …Opponent

 

Date of Institution: 21.03.2016

Judgement Reserved on : 05.01.2018

Judgement Passed on: 11.01.2018

 

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 Harendra Pratap Singh (C-1) and Smt. Pratibha Rathor (C-2) against M/s. BCC Infrastructures Pvt. Ltd. (OP), under Section 12 of the Consumer Protection Act, 1986. 

2.         The facts in brief are that the complainant booked a two bedroom flat with OP, measuring super built area of 825 square feet and made the payment of Rs. 1,25,000/- vide cheque no., 0004 dated 22.10.2015 and  Rs. 1,32,4040/- vide cheque no. 006 dated 22.11.2015, drawn on HDFC Bank, Greater Kailash-I, New Delhi, which was acknowledged by OP.  Welcome letter dated 29.10.2015 and terms and conditions provided by OP to the complainant at the time of booking, after receiving the payment. 

            It was stated that OP made the booking of the complainant under the subvention payment plan and allotted a flat bearing number 608 on 6^th floor in Tower J3.  On the basis of the plan, the complainant got sanctioned loan amount of Rs. 20,00,000/- from HDFC bank bearing file no. 617509959. 

            It was further stated that on 18.12.2015, the complainant received a telephone call from the official of OP that due to the clerical error wrong plan was tagged to the sale consideration of the complainant and allotment letter was with the complainant and the documents need to be amended from Opposite Party side.  After receiving the call, the complainant wrote an email to OP.  In reply of the said mail, OP confirmed and admitted his mistake.  The complainant requested OP to cancel his booking and refund his hard earnest money, but the same was declined by OP. The complainant sent a reminder notice dated 09.01.2016 to OP asking for go ahead with the plan allotted to him or refund the amount, but he did not get any response.  Hence, the complainant has prayed for directions to OP to refund the amount of Rs. 2,57,404/- alongwith future and pendentelite interest @ 24% p.a. from the date of deposit and Rs. 2,00,000/- compensation on account of mental agony and  harassment. 

3.         Notice of the present complaint was served upon OP.  No reply was filed on their behalf, hence they were proceeded ex-parte. 

4.         Evidence by way of affidavit was filed by Shri Harendra Pratap Singh, complainant no. 1, where he has narrated the facts which have been mentioned in the complaint.  He has also got exhibited documents such as copy of acknowledgement of booking amount (Ex.CW1/A), copy of the receipt (Ex.CW1/B), copy of statement of the complainant (Ex.CW1/C colly.), copy of welcome letter and terms and conditions (Ex.CW1/D and 1/E), copy of the allotment (Ex.CW1/F), copy of the letter of sanctioned loan (Ex.CW1/G), copy of emails (Ex.CW1/H colly.), copy of reminder notice dated 09.01.2016 (Ex.CW1/I) and copy of the communications between the complainant and OOP through emails (Ex.CW1/J).

5.         We have heard Ld. Counsel for complainant and have perused the material placed on record.  From the documents got exhibited by the complainant such as allotment letter (Ex.CW1/F) and payments receipts (Ex.CW1/B), it is evident that complainants were allotted residential unit no. 608 on 6^th floor in Tower J3 in the project BCC Infrastructures Pvt. Ltd., the possession of which was not given within the stipulated time as per the terms and conditions.  The fact that possession has not been given within the stipulated period, certainly, there has been deficiency on the part of OP.  Not only that, by not giving the possession within the stipulated time, the complainants have suffered mental pain and agony, therefore, the complainants are entitled for the refund of money alongwith compensation.  It is, therefore, ordered that the complainants be paid an amount of              Rs. 2,57,404/- with 9% interest from the date of filing the complaint.  Further, we award a sum of Rs. 20,000/- on account of compensation which includes the cost of litigation. 

          This order be complied within a period of 30 days.  If not complied, the amount of compensation shall also carry interest @ 9% p.a. from the date of order. 

            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