Delhi

North East

CC/17/2017

SH. SATISH KUMAR - Complainant(s)

Versus

BIG BULL INFRASTRUCTURE AND ANR. - Opp.Party(s)

29 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 17/17

 

In the matter of:

 

	Sh. Satish Kumar S/o Late Shri Pratap Singh R/o House No. 54 Block-A West Karawal Nagar, Delhi-110094.	Complainant
	Versus
	Big Bull Infrastructure Ltd Through its Director Sh. Yogesh Sharma Registered Office: C-66, Sector-2, NOIDA-201301. Also at: Corporate Office 312, Pearl Best Height-1, Netaji Shubash Place, Pitam Pura, Delhi-110034. Also At: Jaipur office B-18, 2nd Floor G.T.C. Mall Near Yadgar, M.I.Road, Jaipur-302003 Also At: 302 West End Mall Near District Centre Janakpuri West Delhi-110058.	Opposite Parties

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

12.01.2017 27.08.2018 29.08.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

 

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Briefly stated the facts of the case as narrated by the complainant are that he had booked a plot admeasuring 111.11 sq. yd bearing no. D117 at Ashiana Phase 1, Chandwaji, NH-8 Jaipur Rajasthan with OP1 Company at its Ashiana Project vide registration no. 708112 on 26.04.2013 on the basis of a newspaper advertisement. The OP2, director of OP1 had informed the complainant at the time of booking that it had acquired 1200 acre land on the above mentioned site and had given assurance to the complainant that in any event that he did not want to proceed with the purchase of the said plot, the entire amount will be refunded without any deduction. However, the complainant discovered later on that OP1 had not acquired any such land and when the complainant tried to enquire about the same from OPs, he did not receive any satisfactory answer thereto. Therefore the complainant vide letters dated 06.05.2016 and 16.05.2016 to the OPs communicated his decision to submit the above mentioned plot back to the OPs and demanded the refund of the deposited amount and even agreed for deduction of 25% from the total amount paid by the complainant to the OPs which the OPs had forcefully imposed upon him as condition for refund. Thereafter vide letter dated 20.06.2016 by OPs to the complainant, the OPs acknowledged receipt a sum of Rs. 3,57,439/- from 26.04.2013 till 12.11.2015 from the complainant and admitted to refund a sum of Rs. 2,72,190/- after deduction of 25% of basic sale price i.e.Rs. 85,249/- from the total amount received and promised to return the said amount within three months after submission of application for refund which was signed on 20.05.2016. The complainant had submitted that he was in financial crises and had taken loan from various creditors and paid more than Rs. 35,000/- per month as EMI. The complainant further submitted that the time limit for refund expired on 20.08.2016 but OPs failed to make any refund despite regular follow-ups vide telephone calls and several e-mails sent by the complainant to the OPs on 15.07.2016, 14.08.2016 and 20.08.2016. Lastly, the complainant issued a legal notice dated 04.11.2016 to the OPs on the address available to the complainant but the same was returned unserved with remarks incomplete address. Therefore the complainant constrained to file present complaint before this Forum against the OPs claiming refund of Rs. 3,57,441/- alongwith interest 18% p.a., Rs. 5,00,000/- towards damages and compensation for mental pain and agony and Rs. 55,000/- towards litigation charges alleging deficiency of service on the part of OPs to its bonafide customer i.e. the complainant.

The complainant has annexed copy of letters dated 06.05.2016, 16.05.2016 from complainant to OPs, copy of letter dated 20.06.2016 from complainant to OPs, copy of e-mails dated 15.07.2016, 17.07.2016, 14.08.2016 and 20.08.2016 exchanged between the complainant and OPs and bounced e-mail dated 21.08.2016, copy of legal notice dated 04.11.2016 with postal receipts and returned receipts with postal remarks.

2. Notices were issued to the OPs on 31.01.2017 which were returned unserved.  The complainant moved an application on 05.04.2017 for reissuance of notice by way of Dasti service on the address available on the website of OPs which were duly served/ received by one Ms. Pooja, Assistant Director of OP however the OPs failed to appear and were therefore proceeded ex-parte vide order dated 02.06.2017.
3. Complainant has filed ex-parte evidence by way of affidavit and written arguments on 01.09.2017. The Forum had issued directions vide order dated 01.03.2018 and 10.04.2018 to place on record conclusive documentary evidence of payments made to OPs to the tune of Rs. 3,57,441/- towards the said plot incompliance of which the complainant filed the details of payment made to the OPs chronologically supported by the passbook entries of the payments made and the receipts of payments under signature and sealed of OP from 01.05.2013 till 13.12.2014 from the booking amount till 19^th installments.
4. We have heard the arguments addressed by the complainant and have thoroughly perused documentary evidence placed on record by the complainant particularly the payments receipts and passbook entries and letter dated 20.06.2016 and e-mails exchanged between the complainant and OP. Vide reply e-mail dated 17.07.2016 to e-mail dated 15.07.2016 by complainant to OP, the OP had reiterated its assurance of return of the deposited money within three months from “acceptance of cancellation format” signed on 20.05.2016. However the subsequent e-mails written by complainant to OP on 14.08.2016 and 20.08.2016 reflects that the OP paid to adhere or honour its commitment to refund the same.
5. In the absence of the OPs, the allegation of the complainant have gone unrebutted, undisputed and unchallenged. The OPs have themselves unequivocally to have received the sum of Rs. 3,57,441/- Which is a subject matter of claim in the present complaint vide letter dated 20.06.2016 to the complainant and the said amount is corroborated by the receipts and passbook entries filed by the complainant. We therefore find the OPs guilty of gross deficiency of service and unfair trade practice in having unlawfully usurped the hard earned money of the complainant and hereby allow the present complaint and direct the OPs to refund the sum of Rs. 3,57,441/- alongwith interest 9% thereon from the date of filing of the complaint till realization. We further award a sum of   Rs. 10,000/- as compensation towards physical, mental pain and agony and Rs. 5,000/- towards litigation charges to the complainant payable by the OPs. Let the order be complied within 30 days from the date of receipt of copy of this order.             
6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 29.08.2018 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member