Delhi

East Delhi

CC/995/2014

HIMMAT SINGH - Complainant(s)

Versus

MGS BUILDTECH - Opp.Party(s)

02 Nov 2016

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST Govt of NCT Delhi

               CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

                                                                                                         Consumer complaint no.    995/2014

                                                                                                         Date of Institution           31/10/2014

                                                                                                         Order reserved on           02/11/2016 

                                                                                                         Date of Order                    03/11/2016                                                                                                                                                            

 

In matter of

Mr Himmat Singh, adult

s/o  Sh Moti Singh   

R/o-HN. G 4, 25 Futa Road

Mukundpur Extn, Part II, Delhi…………………………………………..…………….Complainant                                                                   

                                                                             

                                                                                Vs

1-M/s MGS Build Tech Pvt Ltd

 

2-Sandeep Verma, Managing Director

Through its Managing Director

B157, 3^rd Floor,

DDA Shed , Behind Crown Plaza

Okhala Phase I, New Delhi  110020

 

Also at MGS Build Tech Pvt Ltd

23/3, First Floor, Pili Kothi

Khanpur New Delhi 110062…………..…………………………….………………….Respondents

 

Complainant’s Advocate                            Mr Rajesh Sharma

Opponent                                                      Ex Parte

 

Quorum                                                         Shri Sukhdev Singh   President

                                                                        Dr P N Tiwari             Member

                                                                        Mrs Harpreet Kaur   Member                                                                                                  

                                                                                                       

Order by Dr P N Tiwari  Member   

Brief Facts of the case                                                                                                   

The opponent through new paper advertisements for launch of new residential project as “Ujjwal Heights” consisting of number of flats of various sizes with assurance of giving possession within 12 months as marked CW1/1. The complainant showed his interest to purchase one flat, so visited OP office and after being satisfied by OP, agreed to pay a sum of Rs 5,50,000/- through cheques from 12/12/12 to 25/02/2013. OP executed advanced agreement to sell and purchase between complainant and OP on dated 13/12/2012 marked as CW1/2 and payment receipts marked here as CW1/3(a) to (c). OP had given payment plan to complaint for the flat in question marked as CW1/4.

As per the agreement to give possession in 12 month, complainant approached OP office after the said time limit, but could not get satisfactory reply from OP office. He was told for one excuse or other and did not give possession or informed satisfactorily. When complainant reached at the site address given in the agreement, saw that 3-4 persons were having power of attorney for the same flat number. So, complainant wrote a letter to directors of OP marked here as CW1/5, annexing correct addresses of OP from net, marked as CW1/6. When complainant did not get any reply from OP, filed this complaint claiming refund off amount Rs 5,50,000/- with 18% interest with compensation Rs 2,00,000/- and litigation charges Rs 25,000/-.

After perusal of complaint and evidences, notices were served. No one appeared on behalf of opponents nor filed written statement. Despite of giving number of opportunities, case proceeds ex parte. Complainant filed his Ex Parte evidences by way of affidavit.

It is a settled position of law that uncontroverted evidence cannot be disbelieved and there was no reason to disbelieve the facts of the complaint. Arguments heard and order reserved.

 

Taking the facts and evidences to consideration, we allow this complaint and pass the following order as

1. OP is direct to refund Rs 5,50000/-(five lakh fifty thousand) to complainant with 9% interest from the last day of limitation of giving possession of flat within 30 days from  receiving of this order.
2. We further award sum of Rs 50,000/-as compensation for harassment, mental pain and agony caused to complainant for deficient services and unfair trade practice with litigation charges Rs 10,000/-

 

1. If order is not complied in time, complainant shall be entitled for 9 % interest on all award till paid.

The copy of this order be sent to parties as per act and file be consigned to Record Room.

 

Mrs Harpreet Kaur  Member                                                                              Dr P N Tiwari Member                   

 

                                                              Shri Sukh Dev Singh    President