Delhi

East Delhi

CC/938/2015

VIPIN MANGAI - Complainant(s)

Versus

KRISHNA INFRA. - Opp.Party(s)

10 Apr 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. 938/15

 

Shri Vipin Mamgai

R/o EF-II/49, Avantika-2

Near Entrace Gate, Avantika-2

Ghaziabad-201001, UP                                                ….Complainant

 

Vs.    

 

1. Krishna Infra Homes Pvt. Ltd.

Regd. Off.: 85, Radhey Shyam Park

Delhi – 110 051

Corp. Off.: H-186, Sector-63

Noida – 201 301, UP

 

2. Dharmendra Kumar, Director

Krishna Infra Homes Pvt. Ltd.                               

H-186, Sector-63

Noida – 201 301, UP

 

3. Raj Bala Sharma

Krishna Infra Homes Pvt. Ltd.                               

H-186, Sector-63

Noida – 201 301, UP

 

4. Gajender Sharma, Director

Krishna Infra Homes Pvt. Ltd.                               

H-186, Sector-63

Noida – 201 301, UP                                                       …Opponents

 

Date of Institution: 14.12.2015

Judgement Reserved on: 10.04.2018

Judgement Passed on: 11.04.2018

 

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 Vipin Mamgai against Krishna Infra Homes Pvt. Ltd. (OP-1), Shri Dharmendra Kumar, Director of OP-1 (OP-2), Ms. Raj Bala Sharma, Director of OP-1 (OP-3), and Shri Gajender Sharma, Director of OP-1 (OP-4) 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 Vipin Mamgai booked a flat on 01.11.2013 in the project Krishna Aprameya Enclave, developed by Krishna Infra Homes Pvt. Ltd. (OP-1) under the group housing scheme on a plot of land in Noor Nagar, Raj Nagar Ext., NH-58 at Ghaziabad by paying 10% of the cost of flat through cheque no. 821362 dated 01.11.2013 and cheque no. 821365 dated 22.11.2013 for Rs. 1,00,000/- and Rs. 98,647/- respectively against receipt no. 752 and 753 both of dated 30.11.2013.  The complainant paid another amount of Rs. 99,324/- through cheque no. 384676 dated 09.12.2013.  He was allotted flat no. B-0813 in Tower B. 

          The complainant paid first two installments as per the flexi payment plan and the next installment payable only upon the start of the construction.  The respondents did not start any construction nor raised any demand for payment.  He made several visits to the office of respondents to enquire about the date of start of construction, but the officials of respondents failed to give any satisfactory reply. 

          It was stated that the complainant received a letter no. KIPL/C-40/2014 dated 31.08.2014 whereby he was informed that Ghaziabad Development Authority have approved their project and construction will be started in the month of September, 2014.  Thus, a demand for 15% amounting to Rs. 2,97,969/- was made. 

          He received another letter dated 31.08.2014 demanding an amount of Rs. 18,415/- towards service tax.  When the complainant visited their office, respondents refused to give the copy of the sanction letter.  The complainant filed a RTI with the Ghaziabad Development Authority from where he received the reply that plan submitted by the respondents were still under process.  The complainant was shocked to receive this reply. 

          The complainant wrote a letter to respondents on 10.09.2015 cancelling his booking as there was delay in start of construction and non grant of approval by the competent authority.  He claimed an amount of Rs. 2,97,971/- with interest @ 24% p.a.  Thus, it has been stated that the respondents have indulged in unfair trade practice as well as there was deficiency on their part.  Hence, he has claimed an amount of Rs. 2,97,971/-, the amount deposited by the complainant alongwith 18% interest; Rs. 10,00,000/- compensation on account of harassment and mental agony and Rs. 50,000/- as cost of litigation.

3.       In the written statement, filed on behalf of Krishna Infra Homes Pvt. Ltd. and others, they have taken the plea that this forum was not having territorial jurisdiction as the booking of flat and other documents have been sighted and executed at Noida; no cause of action has arisen within the jurisdiction of this forum. 

          They have admitted 10% of the cost by way of two cheques for an amount of   Rs. 1,00,000/- and Rs. 98,647/-.  They have further admitted payment of Rs. 99,324/-.  They have also stated that the complainant was to make thel payment of Rs. 3,16,384/- within 15 days from the date of demand. 

          They have further stated that GDA gave sanction plan on 23.07.2015, thus, they have stated that there was no delay on their part.  Other facts have also been denied.

4.       Rejoinder to the WS of OP was filed by the complainant where the contents of the WS have been denied and have reaffirmed the averments of her complaint.

5.       In support of its complaint, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the contents of the complaint.  He has also got exhibited documents such as copy of payment plan (Ex.CW1/A), copy of application form (Ex.CW1/B), copy of receipts dated 30.11.2013 (Ex.CW1/C and 1/D), receipt for Rs. 99,324/- (Ex.CW1/E), copy of demand letter dated 29.08.2014 (Ex.CW1/F), copy of letter dated 31.08.2014 (Ex.CW1/G), copy of RTI application (Ex.CW1/H), copy of reply dated 03.09.2015 (Ex.CW1/I) and copy of letter dated 10.09.2015 (Ex.CW1/J).

6.       We have heard the Ld. Counsel for complainant as counsel for OP did not appear to argue.  Even they did not file any evidence and they were proceeded ex-parte.  Though, they have not filed any evidence nor appeared to argue, but their point takein in the WS has to be taken care of.  In the WS, they have taken the plea that this forum was not having territorial jurisdiction as cause of action has not arisen within its jurisdiction. 

          If a look is made to the application for booking (Ex.CW1/A as well as 1/B), it is noticed that this application was accepted by Krishna Infra Homes Pvt. Ltd. at Delhi. This form have the seal of Sumti Reality Pvt. Ltd., Delhi-92.

          Not only that, even the cheque has been drawn at State Bank of India which was payable at Delhi as part of earnest money.  Thus, the fact remains that Krishna Infra Homes Pvt. Ltd. have accepted the booking form as well as the booking amount at Delhi.  Therefore, part of cause of action have arisen in Delhi.  Thus, the plea taken on behalf of Krishna Infra Homes Pvt. Ltd. that this forum has no territorial jurisdiction does not hold good.  It goes.

          It is admitted case of Krishna Infra Homes Pvt. Ltd. that they have received the payment for an amount of Rs. 2,97,971/-.  When they have received this amount and have not delivered the possession, the complainant was compelled to get the same cancelled.  Thus, there was deficiency on the part of Krishna Infra Homes Pvt. Ltd..  When there has been deficiency on the part of Krishna Infra Homes Pvt. Ltd., the complainant have suffered mental pain and suffering.

          In view of the above, it is ordered that Krishna Infra Homes Pvt. Ltd.(OP-1) only shall refund an amount of Rs. 2,97,971/- with 9% interest from the date of filing the complaint till realization.  We further award compensation of Rs. 20,000/- towards harassment and mental agony. 

          The 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.       

          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