DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 305/2018
D.No.__________________________ Dated: _______________
IN THE MATTER OF:
VINOD KUMAR ABBEY,
S/o SH. RAJ KUMAR ABBEY,
R/o A-46, SEC.-36, NOIDA (UP).… COMPLAINANT
Versus
M/s PREMIA PROJECTS LTD.,
REGD. OFFICE: BASEMENT, J-4,
SHOP No.4, KIRTI NAGAR,
NEW DELHI-110015. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 10.05.2018
Date of decision: 24.12.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OPunder the Consumer Protection Act, 1986 therebyalleging that the complainant booked 150 Sq. Ft. professional office space for personal use with OP in OP project namely Premia Corporate City, Plot No.201, Knowledge Park-V, Greater Noida (West) on
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16.10.2012 and MOU was executed on 29.10.2012 and the provisional allotment letter towards unit no.340 on 3rd Floor in Tower No.A was issued on 16.09.2013. The complainant further alleged that the complainant made 100% payment of the total cost of the unit to OP and OP was to execute the sale/conveyance deed in favour of the complainant and OP was also to make a fixed payment of Rs.10,553/- every month w.e.f. 10.10.2012 till 50 months from date of booking or offer of possession whichever is later and till date OP has not issued the possession letter despite lapse of 5 years 7 months and no specific allotment has been intimated to the complainant nor any sale/conveyance deed has been executed. Thereafter, OP hopelessly defaulted in making the payment of assured ‘return amount’ and has not issued any offer of possession/possession letter to the complainant as such OP has violated the terms & conditions of MOU dated 29.10.2012 wherein there is not even construction ongoing at site and right from the very beginning, OP with dishonest intention in order to cheat the complainant made false deceptions and made the complainant pay entire amount of consideration i.e. cost of the space in question to OP at initial stage wherein OP even defaulted on assured fixed returns and till date neither OP has demarcated/disclosed the unit space to the complainant nor executed registration and collected the whole amount with dishonest intentions right from the very beginning thereby deceiving the complainant to part with his hard
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earned money of Rs.10,13,100/- and has stopped even making the assured fixed return causing wrongful loss to the complainant. The complainant further alleged the said act on the part of OP is an act of cheating in which OP has caused a wrongful loss to the complainant and illegal wrongful gain to OP without there being any actual delivery of space/payment of assured fixed returns and as no construction commenced on site the complainant issued a legal notice to OP and a complaint was lodged with EOW and FIR u/s 409/420/120B IPC stands registered by PS EOW and hence the act of OP is unfair trade practice and deficiency in service.
2. On these allegations the complainant has filed the complaint praying for direction to OP to pay/return the amount of the complainant alongwith interest @ 18 % as well as compensation for causing mental agony and harassment, damages and cost of the complaint.
3. Notice to OP was issued through speed post for appearance on 02.07.2018 and OP has been served on 29.05.2018 as per track report but none for OP appeared on 02.07.2018 and as such OP has been proceeded ex-parte vide order dated 02.07.2018.
4. In order to prove his case, the complainant filedhis affidavit in evidence and also filed written arguments. The complainant placedon record copy of receipt/Customer ID: PPL/COM/1003 dated 16.10.2012 regarding received the payment of Rs.10,13,100/- issued by OP, copy of MOU executed on 29.10.2012 between the
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parties, copy of Application Form, copy of Congratulations Letter dated 16.09.2013 issued by OP, copy of legal notice dated 22.01.2018 sent by the complainant through his Counsel to OP by speed post, copy of reply of the RTI application dated 22.01.2018 sent by PIO/Asst. Commissioner of Police, Sec-VI/EOW, New Delhi and copy of FIR no. 0168 dated 01.11.2016.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant.The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of thecomplainant. It appears that even after receiving notice from this Forum of this case, OP has kept mum and has notbothered to answer the case of the complainant. It seems that OP has no defence at all. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
6.Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.10,13,100/- deposited by the complainant with OP alongwith interest @ 9% per annum from the date of deposit till the date of this order.
ii) To pay to the complainant an amount of Rs.50,000/- ascompensation towards mental agony and harassment caused to the complainant
iii) To pay to the complainant an amount of Rs.8,000/- towards litigation cost.
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7. The above amount shall be paid by OP to the complainant within 30 days from the date ofreceiving copy of this orderfailing which OP 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 OP fails to comply with the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25/27 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 24thday of December, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
