DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 882/2017
D.No.__________________________ Dated: _______________
IN THE MATTER OF:
TIRUPATI BALAJI,
S/o SH. SHIV KUMAR SINGH,
R/o BLOCK-1, WING-A, FLAT No.414,
SUNCITY GLORIA APARTMENT,
CARMELARAM, SARJAPUR ROAD,
BANGALORE-560035, KARNATAKA. … COMPLAINANT
Versus
M/s MAXWORTH BUILDTECH LTD.,
THROUGH ITS DIRECTORS,
HAVING ITS BRANCH OFFICE AT-307,
GD-ITL TOWER, B-8,
NETAJI SUBHASH PLACE,
RING ROAD, PITAM PURA,
NEW DELHI-110034.
ALSO AT: HAVING ITS REGD. OFFICE AT:
1st FLOOR, PLOT No.244, ZONE-I,
M.P. NAGAR, BHOPAL-462011,
MADHYA PRADESH. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 27.10.2017
Date of decision: 16.11.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OPunder section 12 of the Consumer Protection Act, 1986 therebyalleging
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that OP approached the complainant and induced the complainant to apply for advance towards registration of a Villa in OP Vishal Estate Project situated at Bhopal in the year-2007 and the complainant booked a Villa comprising of the carpet are of 1200 Sq. Ft. @ Rs.1,020/- per Sq. Ft. in OP Vishal Estate Project situated at Bhopal and accordingly the complainant and paid a sum of Rs.1,83,600/- at the time of booking of the Villa in Vishal Estate Project at Bhopal. On 23.01.2007, the complainant paid a sum of Rs.61,200/- vide cheque bearing no.193045 dated 18.01.2007 drawn on ABN MARO Bank, New Delhi and OP issued a receipt bearing no. 770 dated 23.01.2007 in favour of the complainant towards allotment of Villa in Vishal Estate Project and Rs.1,22,600/- vide cheque no.293705 dated 06.03.2007 drawn on ABN AMRO Bank, New Delhi and OP issued a receipt bearing no.1122 dated 14.03.2007 in favour of the complainant towards 2nd installment. Thereafter, the complainant entered into agreement for transfer & construction of duly completed constructed Villa with OP on 01.04.2007 where OP promised to deliver a Villa to the complainant as per terms & conditions of the said agreement, however, vide letter dated 09.05.2008 when the complainant contacted OP for termination and refund of the investment with OP and OP gave a cheque of Rs.1,83,600/- to the complainant which was dis-honoured with remarks “funds insufficient” and even after expiry of a period of more-than ten years from date of booking of
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Villa, OP did not develop a Villa in OP Vishal Estate Project at Bhopal within prescribed period, then the complainant approached OP and OP executives showed inability for allotting the Villa to the complainant and the complainant was induced to apply for the said Villa and to part with the said sum of Rs.1,83,600/- in view of OP representations to the effect that OP has legally acquired/purchased the land over which the super structure is to be built and that OP has a perfect title over the said land and that immediately on receipt of the booking amount OP will allot the Villa within stipulated time and believing OP aforesaid representations to be true, the complainant was induced to pay the said sum of Rs.1,83,600/- and there is no scratch of development at the said site. The complainant further alleged that the complainant was shocked to note that OP has already caused an inordinate and unexplainable delay in allotting the said Villa in the near future and the advance registration amount paid by the complainant is being wrongfully retained by OP. The complainant further alleged that the complainant sent legal demand notice dated 21.08.2017 to OP through speed post and the action of OP clearly amounts to a deficiency in service and unfair trade practice.
2. On these allegations the complainant has filed the complaint praying for direction to OP to pay the amount of Rs.1,83,600/- towards refund of amount alongwith interest @ 24 % per annum on the said amount i.e. Rs.61,200/- on 23.01.2007 and Rs.1,22,400/-
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on 14.03.2007 till the date of payment as well as compensation of Rs.75,000/- for causing mental pain, agony and harassment and has also sought cost of litigation.
3. Notice to OP was issued through speed post for appearance on 12.02.2018 & 30.05.2018 and the notice to OP was served on 05.04.2018 & 07.04.2018 as per track reports but none has appeared on behalf of OP and as such OP was proceeded ex-parte vide order dated 04.10.2018.
4. In order to provehis case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant placed on record documents i.e. copies of receipts no. 770 dated 23.01.2007 of Rs.61,200/- through cheque no. 193045 dated 18.01.2007 & receipt no.1122 dated 14.03.2007 of Rs.1,22,400/- through cheque no.293705 dated 06.03.2007 each drawn on ABN AMRO Bank, Barakhamba Road, New Delhi, copy of customer’s copy issued by OP, copy of agreement dated 01.04.2007 between the parties, copy of letter dated 11.01.2008 sent by OP to the complainant regarding for allotment of Villa in Vishal Estate, copy of letter dated 11.01.2008 sent by OP to the complainant regarding booking in Vishal Estate, Bhopal, copy of letter dated 23.06.2007 sent by OP to the complainant regarding formalities for Bungalow No. Allotment, copy of Khasra Plan, copy of letter dated 16.02.2009 sent by OP to the complainant, copy of Form 1 Certificate of Incorporation, copy of letter dated 05.06.2007 sent by the
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complainant to OP regarding name incorporation for loan purposes, copy of letter dated 09.05.2008 sent by the complainant to OP regarding Termination and refund on investment on Vishal Estate-Bhopal, copy of cheque no.294907 dated 19.10.2008 for a sum of Rs.1,83,600/- in favour of the complainant drawn on AXIS Bank Ltd., New Delhi, copy of cheque return memo dated 18.07.2008 issued by ABN AMRO Bank regarding insufficient Funds and copy of notice dated 21.08.2017 sent by the complainant through his Counsel to OP to speed post alongwith postal receipt.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. It appears that as OP has failed to lead any evidence andit seems that OP has no defence at all. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
6.Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.1,83,600/-(i.e. Rs.61,200/- paid on 23.01.2007 and Rs.1,22,400/- paid on 14.03.2007) being the payment made by the complainant alongwith interest @ 9% p.a. from the date of deposit till the date of this order.
ii) To pay to the complainant an amount of Rs.30,000/- as compensation towards mental agony and harassment caused to the complainant.
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iii) To pay to the complainant an amount of Rs.7,000/- towards cost of litigation.
7. The above amount shall be paid by OPto the complainant within 30 days from the date of receiving copy of this order failing whichOP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 16thday of November, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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