Delhi

East Delhi

CC/594/2015

POOJA THAKUR - Complainant(s)

Versus

EKDANT BUILD - Opp.Party(s)

02 May 2017

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.  594/15

 

Mrs. Pooja Thakur

W/o Shri Anil Thakur

R/o B-12/9, Chattarpur Ext.

Delhi – 110 074                                                           …….Complainant

 

Vs.

 

1. M/s. Ekdant Buildtech (P) Ltd.

B-1/46, Lane-3, New Ashok Nagar

Delhi – 110 096

 

2. M/s. Ekdant Buildtech (P) Ltd..

D-18, Sector-7, Noida

Through its Director                                                         ….Opponents

 

Date of Institution: 24.08.2015

Judgment Reserved on: 02.05.2017

Judgment Passed on: 04.05.2017

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 Mrs. Pooja Thakur against     M/s. Ekdant Buildtech (P) Ltd., B-1/46, Lane-3, New Ashok Nagar(OP-1) and M/s. Ekdant Buildtech (P) Ltd., Noida (OP-2) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant booked a flat in one of the housing projects of OP on 28.09.2012, which was allotted to him having flat no. 104 on the first floor in tower ‘L’ for a total consideration of Rs. 18,19,000/-.  Its super area was 55.74 sq.mt. or 600 sq.ft. and Allotment cum Buyer’s Agreement was also issued by OP, which was not signed by the complainant.  The complainant made a payment of Rs. 1,60,000/- to OP towards the earnest money through cheque no. 850866 dated 10.09.2012 drawn on ICICI Bank Ltd.  An amount of     Rs. 1,74,012/- was also demanded, which was paid by the complainant through cheque no. 850872 dated 27.12.2012.  OP promised complainant to provide her dream house, but in reality the construction of the project had not been started.  It was delayed on one pretext or the other.  A letter of dated 19.03.2014 was sent by OP to the complainant that construction of the project had got delayed due to some unforeseen circumstances and it will commence by the end of May 2014.  However, the promise made by the OP remained limited to the words.  It is stated that till date the construction of the project has not started.  Though, under the Buyer’s Agreement, the possession was to be given by December 2015. 

          It is further stated that due to delay in construction, the complainant demanded the refund of her money.  OP issued cheque no. 000848 dated 10.06.2015 amounting to Rs. 3,34,012/- in favour of the complainant, which was paid by the complainant to OP.  It is stated that the amount was returned without any interest.  It is further stated that on presentation of the cheque, it was got dishonored due to “Funds Insufficient”.  This was apprised to the OP, who felt sorry and requested the complainant to put the cheque again in the bank for clearance in the second week of July, 2015.  Again, the cheque was dishonored due to insufficient funds.  Thus, it has been stated that this act of OP amounts to unfair trade practice as well as deficiency in service by not handing over the possession of flat within the stipulated period.  Hence, she has claimed a refund of Rs. 3,34,012/- with interest @ 18%; Rs. 5,00,000/- towards mental and physical agony with cost of Rs. 25,000/-.

3.       Notice of the complaint was given to OPs.  OP-1 was served but did not put the appearance; hence, they were proceeded ex-parte. 

          OP-2 was deleted from array of parties on the application of the complainant.

4.       In support of its complaint, the complainant has examined herself.  She has deposed on affidavit.  She has also narrated the facts which have been stated in the complaint.  She has also made reference to the documents such as copy of Allotment Letter cum Buyer’s Agreement (Annex. A to A16), cheque no. 850866 dated 10.09.2012 for an amount of Rs. 1,60,000/- and cheque no. 850872 dated 27.12.2012, issued in favour of OP and the receipt thereof (Annex. B & C), a copy of letter of dated 19.03.2014 and photographs of construction site (Annex. D to D4), cheque no. 000848  dated 10.06.2015 amounting to Rs. 3,34,012/- (Annex. E) and dishonored cheque and return memo of dated 26.06.2015 and 15.07.2015 (Annex. F & G).

5.       We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the testimony of the complainant, which has gone unrebutted and the documents such as Annex. E, which is cheque, issued for an amount of Rs. 3,34,012/- on 10.06.2015 and a return memo issued by Punjab National Bank (Annex. F as well as Annex. G) shows that the cheque was returned due to insufficient funds. 

          The fact that even on presentation of cheque, the same has not been honored, but returned by Punjab National Bank showing “Funds Insufficient”, it amounts to deficiency in service on the part of OP.  Not only that, the complainant having not been given the flat within the stipulated period.  This delay also amounts to deficiency in service on the part of OOP.  When the complainant has not been given possession of the flat on account of delay as well as the cheque issued for an amount of Rs. 3,34,012/- was returned by the paying bank due to insufficient funds, certainly, the complainant have suffered mental pain and agony.

          In view of the above, it is ordered that Ekdant Buildtech (P) Ltd. shall pay an amount of Rs. 3,34,012/- with 9% interest from January, 2013.  We further award an amount of Rs. 50,000/- on account of mental pain and agony, which includes the cost of litigation also.  This order be complied within a period of 45 days.  If not complied, then total amount of Rs. 3,84,012/-shall also carry interest @ 9% p.a. 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