Delhi

East Delhi

CC/600/2015

SHRI JAGDISH - Complainant(s)

Versus

EARTH INFRA - Opp.Party(s)

25 Sep 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. 600/15

 

Shri Jagdish

S/o Shri Chand Goel

H.No. 20/21-13, Central Market

Trilokpuri, Mayur Vihar

Chilla Saroda Khada, Delhi – 110 091                 ….Complainant

 

Vs.

 

Earth Infrastructures Limited

Through its Managing Director

1^st Floor, Pusa Road

New Delhi – 110 005                                                        …Opponent

 

 

Date of Institution: 13.08.2015

Judgment Reserved on: 25.09.2018

Judgment Passed on: 26.09.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Shri Jagdish against the Managing Director, Earth Infrastructure Limited (OP), under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that on 07.09.2013, the complainant booked an office space of 180 sq. feet in the project of Earth Infrastructure Limited (OP) on Plot No. 1, Tech Zone, Opposite Gautam Buddha University by paying 10% of the value of fully furnished office space i.e. Rs. 1,22,500/- vide cheque no. 242748 dated 30.08.2013, which was cleared on 01.10.2013.  Possession of fully furnished developed office was promised in 24 months.

          It was stated that on 07.09.2014, the complainant requested for refund of the deposited amount and submitted the application form for the same with a standard affidavit, as OP did not commence construction and no response was given regarding date of completion/possession. 

          In October, 2014, OP demanded signature verification from banker of complainant and a NOC of their broker, which was duly submitted by the complainant.  It was informed that OP will make a deduction of Rs. 12,500/- and made the complainant sign a consent form for the purpose.  In January 2015, OP returned all the documents to the complainant and refused to make the refund. 

          It was further stated that vide letter dated 31.01.2015, OP demanded an unspecified amount without divulging the stage of construction or referring to the application for refund.  Thus, it has been stated that OP have indulged in unfair trade practice and there was deficiency on their part too.  Hence, he has claimed refund of Rs. 1,22,500/-, the amount deposited by the complainant alongwith 24% interest; Rs. 1,00,000/- compensation on account of harassment and mental agony and Rs. 55,000/- as cost of litigation.

     

3.       Notice was issued to OP.  Counsel for OP appeared, but did not file the written statement inspite of opportunities and they stopped appearing.  Hence, they were proceeded ex-parte.  Later, an application was moved on behalf of OP for recalling the order.  As complaint has no objection, request was allowed.

          In the WS, filed on behalf of OP, they have taken various objections such as office space was booked by the complainant for investment purpose and to earn profit, therefore, the complainant was not a consumer; construction was started in good time; the complainant had not complied with the terms and condition of the application form and despite various written reminders, the complaint did not clear his dues.  It was denied that complainant approached to OP for refund of amount.

          It was further stated that complaint had opted for the flexi payment plan, according to which he was bound to make the payments as per terms and conditions of the application form.  It was clearly mentioned in the application form that if the complainant has not complied with the terms and conditions of the application form, 20% of the amount of BSP was liable to be forfeited.

          It was also stated that this Forum has no territorial jurisdiction as the registered office of OP was situated beyond the jurisdiction of this Forum.  Other facts have also been denied.     

4.       The complainant has filed rejoinder to the WS of OP, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its complaint, complainant have examined himself.  He has deposed on affidavit and have narrated the facts stated in the complaint.  He has got exhibited documents such as copy of handbill of OP (Annex. C-1), copy of payment receipt (Annex. C-2), copy of application, request for refund (Annex. C-3), copy of signature verification from banker of complainant and NOC of their broker (Annex. C-4), copy of letter regarding deduction of Rs. 12,500 which was signed by the complainant (Annex. C-5) and copy of letter of OP dated 31.01.2015 (Annex. C-6).

          No evidence was filed on behalf of OP inspite of opportunities, hence, their right to file the evidence closed. 

 

 

6.     We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the acknowledgement letter of M/s. Earth Infrastructure Limited (OP), it is evident that complainant have paid an amount of Rs. 1,22,500/-.  He has made a request for refund of this amount by surrendering the original receipt no. 11355 dated 07.09.2013.  Further, while submitting the documents, he has also agreed for deduction of an amount of          Rs. 12,500/- against his refund.  However, after submission of the documents, the complainant have not refunded the amount. 

          Though he has accepted for deduction of Rs. 12,500/-, certainly, there has been deficiency on the part of M/s. Earth Infrastructure Limited (OP), when M/s. Earth Infrastructure Limited (OP) have failed to refund the amount.  Consequently, the complainant have suffered mental pain and suffering for which he has to be compensated. 

          In view of the above, we order that complainant be refunded an amount of Rs. 1,10,500/- (Rs. 1,22,500/- – 12,500/-) with 9% interest from the date of filing the complaint till realization.  Further, we award compensation for an amount of Rs. 15,000/- on account of mental pain and agony. 

              This order be complied within a period of 45 days.  If not complied, the amount of compensation of Rs. 15,000/- 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