Delhi

East Delhi

CC/982/2015

RATAN - Complainant(s)

Versus

BHANU INFRA - Opp.Party(s)

30 Oct 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. 982/15

 

Shri Ratan Sikdar

S/o Shri Pulin Sikdar

H.No. 501-A, Jheel Kuranja

Geeta Colony, Delhi – 110 051                                   ….Complainant

 

Vs.     

 

M/s. Bhanu Infratech

Through its Proprietor/Partner/Incharge

Plot No. 21-22, Dharamveer Market

Near Seble Cinema, Tajpur Pahari

Mathura Road, Badarpur, Delhi – 110 044                                  …Opponent

 

Date of Institution: 30.12.2015

Judgement Reserved on: 30.10.2018

Judgement Passed on: 31.10.2018

 

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 Ratan Sikdar against          M/s. Bhanu Infratech (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that complainant Shri Ratan Sikdar had a 50 sq. yards developed plot upon offer of plot no. 90 in Dhiraj Nagar @        Rs. 8,500/- per sq. yard and made payment of a sum of Rs. 1,100/- on 30.12.2012 followed by another payment of Rs. 1,05,150/- on 17.01.2013 against receipt no. 6205 and 6742.  M/s. Bhanu Infratech (OP) issued Memorandum Of Understanding (MOU) dated 04.02.2013 promising to deliver developed plot for Rs. 4,25,000/-.  The complainant made further payments of Rs. 1,06,248/- on 03.05.2013 vide receipt no. 9219,             Rs. 1,056,250/- on 05.11.2013 vide receipt no. 11417, Rs. 75,000/- on 13.01.2014 vide receipt no. 11826 and Rs. 31,252/- on 05.02.2014 vide receipt no. 13519.

            When the complainant asked for date of completion of development and the date of handover of the developed plot, OP kept dilli-dallying.  They further admitted that they do not have any developed plot and upon demand of refund of the deposit made by the complainant, interest and compensation, they asked the complainant to submit a request for cancellation on affidavit in the format supplied by them. 

            They have been expecting the complainant to agree for refund of deposit without any interest or compensation for no fault of the complainant.  They have not given possession of the developed plot till date.  Thus, they have become liable to refund the deposit of Rs. 4,25,000/- alongwith interest @ 24% p.a. from 30.12.2012 till the date of refund.  Their act in not developing the plot amounts to deficiency in service which has caused mental agony to the complainant.  Thus, the complainant have prayed for directions to OP to refund the deposit amount of Rs. 4,25,000/- alongwith 24% interest; Rs. 1,00,000/- compensation on account of harassment, tension and agony and cost of litigation.

3.         In the reply filed on behalf of M/s. Bhanu Infratech (OP), they have stated that this Forum was not having jurisdiction on the basis of Delhi being the entire district.  They have stated that registration for allotment of property was made by the complainant in advance for future plots of the company and the deposit was in the form of investment. 

            They have stated that development of the plot was already in progress.  The complainant came to their office and asked for other options to either have his investment transferred to other projects or gave him the refund of investment with interest after deduction.  The complainant was not entitled to get any relief.  There was no deficiency on their part. 

            Dispute raised by the complainant pertains to the property at Dhiraj Nagar, Faridabad in Haryana and this Forum was not having jurisdiction.  They have denied other facts also.

4.         In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint. He has got exhibited documents such as copy of receipt no. 6205 and 6742 (Annexure C-1 and C-2), MOU dated 04.02.2013 (Annexure C-3), receipt no. 9219, 11417, 11826 and 13519 (Annexure C-4 to C-7) and copy of affidavit for cancellation (Annexure C-8).

 retail invoice No. DS/VJ/T/1477/15-16 dated 19.07.2015 and invoice No. DS/VJ/T/1479/15-16 dated 19.07.2015 (Ex.CW-1/1 & 1/2), invoice dated 08.02.2016 and 19.02.2016 (Ex.CW-1/3 & 1/4), photograph of mobile phone (Ex.CW-1/5), copy of election card of complainant (Ex.CW-1/6) and copy of email dated 03.02.2016, 05.02.2016, 09.02.2016 and 11.02.2016 (Ex.CW-1/7).    

            OP did not file any evidence.

6.         We have heard Ld. Counsel for the complainant as counsel for OP did not appear to argue.  Though, counsel for OP did not appear to argue, but the objections taken by them in the written statement in respect of jurisdiction had to be taken care of.

            The first and foremost point which has been raised in the reply has been with regard to the jurisdiction of this Forum as M/s. Bhanu Infratech (OP) have been based at Mathura Road, Badarpur  The plea taken in the reply has been that complainant have invoked the jurisdiction of this Forum on the basis of Delhi being one district.  No doubt, Delhi have not been one district, but the fact remains that competency of the forum have not been in dispute.  When the competency of the forum have not been in dispute, the question of having the complainant filed his complaint in the jurisdiction of this Forum does not arise.  Therefore, this plea of OP does not stand. 

            Coming to the second point in respect of jurisdiction, it has been stated in the reply that complainant have invoked the jurisdiction of this Forum, though, the plot was booked in Dhiraj Nagar, Faridabad in Haryana.  However, if the receipts issued by OP are perused, it is noticed that these receipts bear the address of M/s. Bhanu Infratech, Plot no. 21-22, Near Flyover Badarpur Border, New Delhi.  Thus, the plea taken on behalf of M/s. Bhanu Infratech (OP) that the courts in Delhi have no jurisdiction do not stand as these receipts have been issued from their Delhi office.  Thus, the forums in Delhi have the jurisdiction to entertain the complaint.

            Coming to the other part of evidence, it is evident that a Memorandum of Understanding was executed between M/s. Bhanu Infratech (OP) with Mr. Ratan Sikdar (complainant) stating that the complainant have paid an amount of Rs., 1,06,250/- for plot no. 90 in Dhiraj Nagar, area measuring 50 sq. yards @ Rs, 8,500/-.  Further payment was stated to be made within a period of 12 months from booking date.  The complainant have paid an amount of Rs. 4,25,000/- as per the receipts issued by the company.  This payment has been made by the complainant, though, he has not been given the possession of plot.

            Since there is no evidence on record on behalf of OP, their version taken the written statement on merits cannot be accepted.  Thus, the version given by the complainant have to be accepted.  When the complainant have paid an amount of Rs. 4,25,000/- and have not been delivered possession within the reasonable period, certainly, it amounts to deficiency on the part of OP which have caused mental pain and suffering to the complainant.  Thus, the complainant was entitled for refund of his amount alongwith compensation,.

            In view of the above, we order that M/s. Bhanu Infratech (OP) shall refund an amount of Rs. 4,25,000/- to the complainant with 9% interest from January, 2016 till realization.  We also award compensation of         Rs. 20,000/- on account of mental pain and suffering.        

            This order be complied within a period of 45 days.  If not complied, the amount of compensation of Rs. 20,000/- shall also carry 9% interest from the date of order till realization.    

            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