Delhi

North East

CC/16/2023

Mahender Kumar Gupta - Complainant(s)

Versus

M/s Morpheus Developers Pvt. Ltd. - Opp.Party(s)

18 Apr 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. 16/23

 

 

 

In the matter of:

 

		Sh. Mahendra Kumar Gupta S/o Sh. Radhey Shyam Gupta R/o Khasra No. 3132, Braham Colony, Near Bharat Gas Godown Gram karehra Gaushala Road, Mohan Nagar,  Ghaziabad, U.P		Complainant
		Versus
	1.       2.	M/s Morpheus Developers Pvt. Ltd. Through its Director Mr. Prithvi Raj Kasana House No.1, Shiv Mandir street, Maujpur, Delhi-110053   Mr. Prithvi Raj Kasana H.No. 1, Shiv Mandir Street, Maujpur ,Delhi-110053   Both also at:- 154, 5th Floor, Tower A, The Corenthum Tower, Plot No. A 41, Sector 62, Noida, UP 201301		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		12.01.23 23.02.24 18.04.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, 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 as revealed from the record is that the Opposite Party had launched a project under the name and style of “Morpheus Pratiksha” as Opposite Party No.1 has acquired right, title and interest in grope Housing Plot No. GH 16 A, Sector I, Greater Noida (West) from Grater Noida Industrial Development Authority, vide Sub Lease Transfer deed dated 18.06.14 entered in book no. 1, Volume No. 16160, Pages No. 245-260, Registered at S.No. 19148 which was recorded in the books of greater noida industrial development authority vide letter no. 1621, dated 20.08.14. The Complainant  booked unit No. 2207 at 22^nd floor in Tower/block B 3 for super area 1170 Sq. Ft. and made the total payment of Rs. 3,29,583/-. The Complainant made different payments on different dates vide different cheques numbers and regarding all payments different receipts have been issued and allotment cum flat buyer agreement dated 24.05.17 was supposed to be executed but none has signed on behalf of Opposite Party No.1 on one pretext or another. The Opposite Party had given welcome letter of confirmation of flat under the signature of Preeti Mishra vide letter dated 20.04.17. After paying the amount the Complainant had also applied for loan and further willing to pay rest money but did not receive any information from Opposite Party. The Complainant visited the office of Opposite Party many times but Opposite Party did not paid any heed to the request of Complainant and gave false assurance  that they will hand over the possession very soon. The Complainant had also visited the site of construction but no work is going on and further a board of public notice has been installed at the site in which it has been inform that M/s SRK Buildwell Pvt. Ltd. is now developing the site and they are making refund of the deposited amount with the Opposite Party. Hence, Complainant is cancelled the booking with Opposite Party. The Complainant visited office of Opposite Party for refund the deposited amount but all in vain. The Complainant had also sent legal notice to Opposite Party dated 03.10.22 but of no use. The Complainant has prayed for Rs. 3,29,583/- along with 24 % interest and Rs. 2,00,000/- towards compensation of mental and physical agony and Rs. 5,500/- towards the cost of the legal notice. He further prayed for Rs. 35,000/- towards cost of the proceedings.
2. None has appeared on behalf Opposite Parties to contest the case. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 17.08.23.

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 & Conclusion

4. We have heard the Ld. Counsel 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 Parties did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed.  The Opposite Parties are jointly and severally directed to pay to the Complainant the deposited amount of Complainant of Rs. 3,29,583/- with interest @ 9 % p.a. from the date of filing the complaint till recovery.  The Opposite Parties are further directed to pay jointly and severally Rs. 25,000/- to the Complainant  on account of litigation expenses and mental harassment along with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 18.04.24.

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

File be consigned to Record Room.

(Anil Kumar Bamba)          Member

(Surinder Kumar Sharma) President