DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 953/2015
D.No._______________________ Dated: _______________
,,IN THE MATTER OF:
1. KAPIL KUMAR SHARMA,
S/o SH. SHIV BHAGWAN SHARMA,
R/o K-6063, DEVENDER VIHAR, SECTOR-56,
GURGAON, HARYANA.
2. SMT. LALIT RELAN W/O SH. C.L. RELAN,
R/o 249, SECTOR-14, SONEPAT,
HARYANA.… COMPLAINANT(s)
Versus
1. M/s OM KRISHNA DEVELOPERS PVT. LTD.,
OFFICE AT: H-10/103, EXPRESS ARCADE,
OPP.-FUN CINEMA, NETAJI SUBHASH PLACE,
PITAM PURA, NEW DELHI-110034.
2. SH. PREM SHANKAR GUPTA, MANAGING DIRECTOR,
M/s OM KRISHNA DEVELOPERS PVT. LTD.,
OFFICE AT: H-10/103, EXPRESS ARCADE,
OPP.-FUN CINEMA, NETAJI SUBHASH PLACE,
PITAM PURA, NEW DELHI-110034. … OPPOSITE PARTY(IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 25.08.2015
Date of decision: 18.01.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainants have filed the present complaint against the OPs
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under section 12 of the Consumer Protection Act, 1986 therebyalleging that in the month of March-2009, the complainantson looking charming advertisements approached the office of OP-1 through the Grand Sapphire (World City) and met with OP-2 and OP-2 showed a dream of residential plot in the project of OP-1 at a reasonable price. The complainants further alleged that the complainants opted for 135 Sq. Yards residential plot @ Rs.2,200/- per Sq. Yd. (i.e. total value of Rs.2,97,000/-) and paid Rs.21,000/- through cheque no. 788907 dated 16.03.2009 of SBI Bank from the account of complainant no.2 and further paid Rs.21,000/- through cheque no. 903736 dated 25.03.2009 of HDFC Bank from the account of the complainant no.1 as a booking amount and OP-1 issued two receipts no. 636/191 & 637/191 both dated 18.03.2009 in favour of the complainants and also OP-2 assured the complainantsthat possession of the plot will be given within 6 months and OP-1 sent intimation for allotment with letters of provisional allotment and vide letters OP-1 and the OPs allotted plot bearing no. G-363 in the project. On 22.04.2009, OP-1 demanded the balance payment and the complainant paid Rs.52,912/- through cheque no. 681165 dated 10.05.2009 of Andhra Bank from the account of the complainant no.2 and further paid Rs.52,913/- through cheque no. 903738 dated 10.05.2009 of HDFC Bank from the account of the complainant no.1 and OP-1 issued two receipts
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no. 671/191 & 672/191 both dated 14.05.2009 in favour of the complainants and in this manner the complainants paid total amount of Rs.1,47,825/- (i.e. 50%) of the total cost of the plot booked. The complainants further alleged that OP-1 failed to give the possession of the plot to the complainants and the complainants many times telephoned to OP-2 and also visited the office of OP but all calls do not reach to deaf ears and OP give the assurance only and OP-2 was asked to deliver the plot who orally confirmed to deliver the plot very soon and the complainants repeatedly visited the office of OP but OP did not deliver the possession of the plot to the complainants. On 05.05.2010, during the visit to the office of OP-1 and OP-1 brought to the knowledged of the complainants that now Mr. Vijay Jain & Mr. S.C. Rustogi are looking the project and provide the copy of memorandum of understanding dated 09.07.2009 and as per the understanding of OP-2 was handed over the project and OP-2 further told the complainants to coordinate and do follow up with Mr. Vijay Jain & Mr. S.C. Rustogi for the possession of the plot.Vide letter dated 05.02.2010, OP-1 intimated the complainants that the project is now handed over to M/s Grand Sapphire Infratech Pvt. Ltd. but OPs failed to give possession of the plot. The complainants further alleged that at the time of launching projects, giving advertisements on various portals, taking plot booking of the complainants,
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receiving installments of booking from the complainants and at the time of issuing allotment letter, the OPs have no approval from concerned authorities for running the project as represented and advertised. The complainants further alleged that the complainants continuously visited the office of OP-1 but all in vain, the OPs keep mum on reply and failed to give any date of possession of the plot and in the month of April-2014, OP-1 released two PDCs cheques no. 527874 dated 20.04.2014 of Rs.73,913/- and cheque no. 527875 dated 20.04.2014 of Rs.73,912/- of Yes Bank as part payment against the refund of booking amount but the cheques were returned unpaid with remarks ‘Funds Insufficient’ and the complainants served legal notice dated 12.07.2014 to OPs but neither the OPs refunded the amount nor gave any reply of notice. The complainants further alleged that there is unfair trade practice and deficiency in service on the part of OPs and OPs have cheated the complainants.
2. On these allegations the complainants have filed the present complaint praying for direction to the OPs either to give the possession of the plot or to refund the amount of Rs.1,47,825/- deposited towards the booking of plot alongwith interest @ 24% from the date of deposit of amount as well as compensation of Rs.5,00,000/- for causing harassment for continuous 5 years and damages occurred to complainants due to false promises of OPs
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and lose of time and money and award pendent lite and future interest @ 24 % p.a. on awarded amount and also sought the litigation cost.
3. Notice were issued to OPs through speed post as well as notice was also published in the newspaper ‘Veer Arjun’ dated 28.02.2017 by the complainant for appearanceon 20.07.2017. The complainant filed newspaper and OP refused/avoided to receive the notice. It shows that OP has deliberately refused to receive the notice. The notice to OPs was also delivered in the office of OP on 10.09.2015. despite that as none for OPs appeared and as such the OPswere proceeded ex-parte vide order dated 20.07.2017.
4. In order to prove the case the complainant no.1 filed his affidavit in evidence and also filed written arguments. The complainant placed on record copy of Registration Form, copy of details of plot, copies of cheque no. 788907 dated 16.03.2009 of Rs.21,000/-, cheque no. 903736 dated 25.03.2009 of Rs.21,000/-, cheque no. 681165 dated 10.05.2009 of Rs.52,912/- & cheque no. 903738 dated 10.05.2009 of Rs.52,913/-, copies of receipt no. 636/191 dated 18.03.2009 of 21,000/-, receipt no. 637/191 dated 18.03.2009 of Rs.21,000/-, receipt no. 671/191 dated 14.05.2009 of Rs.52,913/- & receipt no. 672/191 dated 14.05.2009 of Rs.52,912/-, copy of undertaking, copy of congratulations letter dated 02.04.2009 issued by OP to the complainant, copy of demand letter dated 22.04.2009 issued by OP
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to the complainant, copy of letter dated 05.02.2010 issued by OP to the complainant, copy of cheque no. 527874 dated 20.04.2014 of Rs.73,913/- issued by OP to the complainant, copies of cheque return advice dated 24.02.2014 & return memo report dated 03.05.2014 and copy of legal notice dated 12.07.2014 sent by the complainant through his advocate to the OPs.
5. This forum has considered the case of the complainants in the light of evidence and documents placed on record by the complainants.The case of the complainants has remained consistent and undoubted. There is nothing on record to disbelieve the case of thecomplainants. It appears that even after receiving notice from this Forum of this case, the OPs have kept mum and have notbothered to answer the case of the complainants. It seems that OPs have no defence at all. Accordingly, the OPsare held guilty of unfair trade practice and deficiency in service.
6.Accordingly, the OPsjointly or severally are directed as under:
i) To refund to the complainants an amount of Rs.1,47,825/- (i.e. Rs.21,000/- deposited on 16.03.2009,Rs.21,000/- deposited on 25.03.2009&Rs.1,05,825/- deposited on 10.05.2009) alongwith interest @ 10% p.a. from the date of deposit till the date of this order.
ii) To pay to the complainants an amount of Rs.30,000/- as
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compensation towards mental agony and harassment caused to the complainants.
iii) To pay to the complainants an amount of Rs.10,000/- towards litigation cost.
7. The above amount shall be paid by the OPs jointly or severally to the complainant within 30 days from the date ofreceiving copy of this orderfailing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order tillpayment. If OPs fail to comply with the order within 30 days from the date of receiving copy of this order, thecomplainant 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 18th day of January, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
