Delhi

North East

CC/11/2021

SHAMBHU NATH PATHAK - Complainant(s)

Versus

M/S MORPHEUS DEVELOPERS PRIVATE LIMITED - Opp.Party(s)

KALYAN DUTT

24 Jan 2024

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 11/21

 

In the matter of:

1.     2.	Sh. Shambhu Nath Pathak S/o Sh. RameshwarPathak   Smt. PoonamPathak W/o Sh. Shambhu Nath Pathak   Both at:- Mahagun Mascot Crossing Republik Ghaziabad 201016	Complainants
	Versus
	M/s Morpheus Developers Pvt. Ltd. Registered office at:- H. No. 1, Shiv MandirwaliGali, Maujpur, Delhi-110032   Also at:- Morpheus Prateeksha GH 16, Sector 1,Greater Noida West, GautamBudh Nagar, UP 201307	Opposite Party

 

DATE OF INSTITUTION:  JUDGMENT RESERVED ON: DATE OF ORDER:

12.01.21 16.08.23 24.01.24

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

 

 

Case of the Complainant

1. The case of the Complainant is that the in year 2012 Opposite Party launched a Group Housing Residential Complex the Name of “Morpheus Pratiksha” at Plot No. GH 16 A, Sector 1, Greater Noida (West) GautamBudh Nagar, UP. On the basis of representation and assurance as well as warranties of the project being a successful one and being one that would be undertaken swiftly by the Opposite Party, the Complainant was induced into making a booking for a residential floor in the project. In March 2015 the Opposite Party had provisionally allotted the Complainant a flat being Unit No. 1101, Type 3BHK+ 3 Toilet, 11^th Floor High Rise Tower/Blick B5 ( having a super area of 1470 sq. Ft.) in the Developer’s Project (“premises”), for basic sale consideration of Rs. 44,10,000/-. Thereafter the Allotment cum Flat Buyers Agreement was executed in August 2015 between Opposite Party and Complainant and in pursuant to the issuance of said allotment letter Complainant made payment of Rs. 6,84,652/- at the time of booking of the said flat. It is stated that Complainant had also taken home loan from axis bank and a tripartite agreement dated 28.08.15 executed between Complainant, axis bank and Opposite Party and accordingly Complainant’s bank sanctioned loan of Rs. 34,00,000/- vide loan sanction letter dated 28.04.16 to Complainantand Complainant made payments to Opposite Party on different dates through different modes total amounting to Rs. 38,71,660/-  which is around 88 percent of basic sale consideration. As per agreement Opposite Party would complete the development project and give possession of flat to Complainant within 36 months or extended period of 6 months from date of execution of agreement and as such Opposite Party to give possession of said flat to Complainant in February 2018 or maximum extension till August 2018 and Opposite Party failed to do so. It is stated that vide its letter dated 07.09.18,  Opposite Party informed Complainant that top floor of tower is near completion and Complainant is required to make a further payment of Rs. 2,46,960/- within seven days of the date of receipt of the same. Since 2018 Complainant and his representative have been visiting the Opposite Party’s office/construction site and pursuing progress of their allotted flats/property. Though concrete structure of the tower seems to be had been built up but no progress to its completion, failing which possession is delayed and yet to be handed over. It is stated that the said project was delayed by over two years and Complainant requested Opposite Party to refund the entire amount and in August 2020 Complainant met officials of Opposite Party and requested to refund the entire amount and Opposite Party informed Complainant that he had to continue with project and is required to make remaining payment mentioned in the Demand Notice dated 07.09.18. Complainant had issued a legal notice dated 18.11.20 and Opposite Party did not even bother responding to the said legal notice. The Complainant has prayed for the entire consideration amount of Rs.  38,71,660/-  along with interest  18 % p.a. on the amount paid by them from the date of collection of the each of the amounts till it is returned to the Complainants i.e. for the entire period the builder retained the amount from the Complainant. The Complainants further prayed for Rs. 5,00,000/- towards mental harassment and litigation cost.
2. None has appeared on behalf of Opposite Party to contest the case.Therefore, Opposite Party was proceeded against Ex-parte vide order dated 22.11.22.

Ex-parte Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments and Conclusion

4. We have heard theCounsel for Complainant. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. Therefore, the complaint is allowed. TheOpposite Party is directed to pay the entire consideration amount of Rs. 38,71,660/- to the Complainant with interest @ 9 % p.a. from the date of filing the complaint till recovery. The Opposite Party is further directed to pay Rs. 1,00,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery.

 

 

6. Order announced on 24.01.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

( Adarsh Nain) Member

(Surinder Kumar Sharma) President