Jharkhand

Bokaro

cc/15/113

Dhananjay Kumar Singh - Complainant(s)

Versus

M/S K.K. Singh & Associates Pvt. Ltd. - Opp.Party(s)

Krishana Kumar Mishra

21 Aug 2018

ORDER

Complainant Dhananjay Kumar Singh filed this case for a claim of

Rs. 12.15 lacs with 18% interest from the date of payment and compensation for harassment.

2                      The case of the complainant in short is that he is an ex-employee of SAIL and after retirement residing at present address on rent. He is also physically challenged person.

            Complainant booked a house with M/s K.K. Singh & Associates Pvt. Ltd. and paid booking amount of Rs. 3,15,000/- on 04.09.2007 out of Rs. 12.15 lacs. On further demand he paid Rs. 3,00,000/- on 21.11.2011 vide cheque. Payment receipt was issued by O.P. No. 2 M/s K.K. Singh’s Vision, a sister concern of O.P. No.1.

            On verbal assurance for construction of the house on demand, complainant further paid Rs. 6,00,000/- by cheque on 07.12.2011 again money receipt was issued by O.P. No.2. On 06.12.2011. O.P. No.1 gave a sheet of construction plan named as Ground Floor Plan and assurance was given to construct the house soon. O.P. had given a booklet called “Program and Progress of Project on 17.09.2009. In total Rs. 12.15 Lacs was paid to O.Ps. on account of cost of land and cost of construction and rest Rs. 20,000/- was to be paid as registration cost at the time of registration.

            O.Ps. have neither registered the land nor constructed the house. Complainant insisted M. Director K.K. Singh who took shelter of ill health and assured to get the jobs done after recovery from ailment in 2014 and 2015. But K.K. Singh died in the month of July 2015. The business of the O.Ps. still continues in the name and style by legal heirs.

            Complainant made contract with legal heirs but they did not pay heed.

            Complainant is still living in rental house. The O.Ps. are negligent and adopting unfair trade practice and liable to pay the amount paid with interest.

3          Complainant filed the following documents in support:-

Anx 1 to ½ Copies of payment receipts.

Anx-2 Copy of Ground Floor Plan.

Anx3   Copy of Program & Progress of Project.

4          O.Ps. appeared and filed written statement. It is submitted that case is not maintainable as it is filed after two years as cause of action arose on the date booking amount was paid.

            It is further submitted that the contract was made between M/s K.K. Singh & Associates Pvt. Ltd.  Only Rs. 3,15,000/- was paid as booking amount and rest of the amount was never paid and as such M/s K.k. Singh Associates is no longer under contractual obligation to carry out said work.

            It is also submitted that O.P. No.2 K.k. Singh’s M/s K.K. Singh’s Vision was not a sister concern of O.P. No.1 but was proprietorship concern of Sri K.K. Singh for which M/s K.K. Singh Associates Pvt. Ltd. is not liable.

            It is also submitted that the amount paid to the O.P. No.1 is time barred and it is not recoverable and company is not in position to pay.

            The contract to provide service is personal and there is no contract between the complainant and heirs of late K.K. Singh, so, they cannot be asked to perform the service and case is fit to be dismissed.

5          No document is filed by O.Ps. in support of their contention.

F I N D I N G S

6          We perused the record and the facts of the case. We hold that complainant having paid 12.15 Lacs to the O.P. M/s K.K. Singh and Associates as booking amount as well as developing the house structure, therefore, he is a consumer and the dispute is a consumer dispute.

7          It is alleged by the complainant that he had paid 3,15,000/- lacs as booking amount on 04.09.2007 out of the total Rs. 12.15 lacs for booking a house with O.P. and further he paid Rs. 3 lacs on 21.11.2011 vide cheque and further paid Rs. 6 lacs through cheque on 07.12.2011 and O.P. assured for construction of the plan of the house. But O.P. had neither registered the land nor constructed the house. In the mean time, in July 2015 the Director of the O.P. construction company died and no further progress was made. The complainant made contract with the legal heirs but they did not pay any heed. It is also submitted that the business of the O.P. is still continue in the same name and style by the legal heirs and as such the O.P. are negligent and adopting unfair trade practice and liable to pay the amount paid with interest.

8          O.P. as only accepted the booking amount and denied the receiving of the rest amount of Rs. 9 lac which was received by the sister concern of M/s K.K. Singh Associates on behalf of the Director Late K.K. Singh. It is submitted that the K.K. Singh vision the O.P. No. 2 is a proprietorship concerned of late K.K. Singh for which M/s K.K. Singh Associates Pvt. Ltd. is not liable. It is also submitted that the claim is time barred and cannot be recovered.

9          On perusal of the Anx-1 to 1/2 the copies of the payment receipt is sufficient to show receipt of the money from the complainant. M/s K.K. Singh and Associates Pvt. Ltd. and M/s K.K. Singh’s Vision are cannot be treated two different entities for doing construction business. Since the director late K.K. Singh died in the month of July 2015, the K.K. Singh Associates Pvt. Ltd. along with K.K. Singh Vision are liable for construction of the flat as per the site plan Anx-2 or to refund the entire paid amount with interest to the complainant.

10        It is submitted by the complainant he has retired from SAIL and after retirement, residing house on rent and he is also a physically challenged person.

11        After careful consideration of the facts and the documents filed by the complainant we come to the conclusion that the O.P. M/s K.K. Singh Associates Pvt. Ltd. and K.K. Singh’s Vision both are liable for registration of the land and for making construction over the land. The attitude by the O.P. is certainly deficiency in service as well as unfair trade practice for not completing the promise given to the complainant and as such we hold they are liable.

12        Accordingly, we direct the O.Ps. Directors of M/s K.K. Singh Associates Pvt. Ltd. and K.K. Singh’s Vision partners to register the land in favour of the complainant and construct the house or the flat as per the site plan (Anx02) and handover the house to the complainant within 6 months with all amenities,

                        Or to pay Rs. 12.15 Lac with interest of 12% (Twelve percent) per annum since the date of payments as referred above along with compensation of Rs. 25,000/- (Rs. Twenty five thousand) only and litigation cost of Rs. 5,000/- (Rs. Five thousand) only within 60 (Sixty) days of this order, failing which the rate of interest on main claim shall be enhanced to 18% (Eighteen percent) per annum till realization.