Delhi

North East

CC/335/2014

Rekha Yadav - Complainant(s)

Versus

M/s Sangwan Heights Pvt Ltd. - Opp.Party(s)

21 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No. 335/14

In the matter of:

 

	Smt. Rekha Yadav W/o Dr. Narender Yadav 283, Vivekanand Nagar Ghaziabad (UP)		Complainant
	Versus
1.       2.                       3.                       4.	M/s. Sangwan Heights Pvt Ltd. 102, First Floor, L.S.C. Ghazipur Delhi-110092   Shri Sanjay Singh Principal Officer/ Additional Director of M/s. Sangwan Heights Pvt Ltd. 102, First Floor, L.S.C. Ghazipur, Delhi-110092   Also at:   Shri Sanjay Singh Village Siyana, Jahageerabad Distt. Bulandshahar (U.P.    Shri Rajeev Gupta Principal Officer/ Additional Director of M/s. Sangwan Heights Pvt Ltd. 102, First Floor, L.S.C. Ghazipur, Delhi-110092   Also at : Shri Rajeev Gupta 203, Gupta Arcade, Shrestha Vihar Market, Delhi-110092     Shri Anuj Sarin Principal Officer/ Additional Director of M/s. Sangwan Heights Pvt Ltd. 102, First Floor, L.S.C. Ghazipur, Delhi-110092   Also at: Shri Anuj Sarin C-46, Link Road, Chander Nagar, Distt. Ghaziabad, (U.P.		Opposite Parties
		DATE OF INSTITUTION:		28.08.2014
		DATE OF DECISION      :		21.03.2017

 

Nishat Ahmad Alvi, Member

 

ORDER

 

1. As per complaint, complainant booked a plot of 150 sq. yards in Hindan  Valley Project, Ghaziabad of OP, then known as M/s. Shreya Developwell Pvt. Ltd. At the time of booking complainant had paid Rs. 2,00,000/- as booking amount against due receipt issued by M/s Shreya Developwell Pvt Ltd. who promised to start the project in October 2016. Thereafter, possession of the plot was assured to be handed over very soon.
2. There was no development nor any intimation, from OP, about the development of project, as assured. Therefore, complainant requested OP to execute the written agreement. But OP denied and not executed any written agreement. Thereafter, vide its letter dated 25.03.2010 complainant requested OP to clear position regarding the project. In response whereof OP vide its letter dated 10.05.2010 informed that Ghaziabad Development Authority has not so far accorded its approval and as soon as the approval would be obtained, complainant shall be informed. But no such information was ever given by OP. However, on phone officials at OPs’ office promised for refund with interest if complainant don’t want to wait till the approval of Ghaziabad Development Authority. But vide its letter dated 16.03.2013 OP apprised that company being not in a position to refund the money complainant had to wait further. Complainant sent a letter dated 06.04.2013 seeking OP to refund his money with interest as per promise which was not even replied by OP. For personal contact OPs were not available and later on even address of OP was changed and complainant even after its best efforts could not contact the OPs. Later on, complainant came to know that M/s Shreya Developwell Pvt Ltd has been wound up by company court in company petition NO. 75/2012 titled Janahardhan Gupta vs Shreya Developwell Pvt Ltd vide its order dated 24-5-2013.  Vide this order all properties and assets belonging to M/s Shreya Developwell Pvt Ltd were given possession of, to official liquidator. However, this winding up order has been recalled, later on, by Hon’ble High Court of Delhi, by passing order dated 11-10-2013. This order recalling winding up order also delivered back all the assets and properties, belonging to M/s. Shreya Developwell Pvt Ltd, from the possession of official liquidator. It is also stated by the complainant that M/s Shreya Developwell Pvt Ltd  by passing a resolution, in terms of Section 21 of the Company Act 1921 and after due approval of the central government, has changed its name as Sangwan Heights Pvt Ltd- OP1 herein w.e.f 27-01-2014. In the process of this changeover in addition to OP3 and OP4, OP2 has also been inducted as additional director of the company by new name Sangwan Heights Pvt Ltd. Besides  all the assets and liabilities of M/s Shreya Developwell Pvt Ltd has been taken over by OP1.

Pleading adopting unfair trade practice by the OPs in collecting booking amount, from the customers, without obtaining necessary prior approval from Ghaziabad Development Authority and without executing written agreement and for deficiency in service on its part, complainant has prayed for grant of directions to OP to pay a sum of Rs. 6,51,000/- being Rs. 2,00,000/- as principal amount, Rs. 1,96,000/- as interest thereon with Rs. 2,00,000/- compensation and litigation charges of Rs. 55,000/.

3. OP instead of filing proper reply filed a miscellaneous application u/s 17(11) and section 26 of the Consumer Protection Act, thereby, raising a preliminary objection of maintainability of complaint and praying for dismissal of complainant on the ground of lack of jurisdiction, but even after providing last opportunity, vide miscellaneous order dated 23.04.2015, OP didn’t file its reply. Not only this but also nobody  appeared on behalf of OP on 23.04.15, 11.09.15, 07.10.15. Hence, OPs were proceeded against ex parte. With respect to application to challenging jurisdiction of this forum by OPs vide order dated 07.10.15, it was observed that since the proceedings before this Forum are of summary nature, dealing with miscellaneous  applications shall further delay the proceedings of the Forum and application shall be taken care of on final order. Complainant filed ex parte evidence by way of affidavit and exhibited the documents placed on record.
4. Heard and perused the complaint.
5. Exhibit C-1 is reply, of Assistant Registrar of Companies of RTI application, informing that Shreya Developwell Pvt. Ltd. has changed its name to Sangwan Heights Pvt. Ltd. on 27.01.2014. Exhibit C-2 is receipt of Rs. 2,00,000/- on 20.06.2006 by M/s. Shreya Developwell Pvt. Ltd. Exhibit C-3 is the letter dated 25.03.2010 sent by complainant to Developwell Pvt. Ltd.  Seeking status of project in question. Exhibit C-4 is OP’s letter dated 10.05.10 to complainant stating that Ghaziabad Development Authority has so far not accorded its approval and as and when the same is granted complainant shall be informed. Exhibit C-5 –(Colly) are the letters dated 06.04.13 alongwith delivery report whereby complainant has sought refund of deposited amount with interest. Exhibit C-6 is the copy of the order of Hon’ble High Court, Delhi passed in miscellaneous application no. 70/2013 filed in company petition no. 75/2012 titled Janardan Gupta (HUF) V/s Shreya Developwell Pvt. Ltd.  By this order Hon’ble High Court of Delhi, allowing miscellaneous applications, has given possession of the assets and properties belonging to M/s. Shreya Developwell Pvt. Ltd. back to it out of the possession of official liquidator.
6. As above we find sufficient evidence to prove complainant’s case while OP by not contesting the complaint failed to controvert these evidences. Hence, the same stands proved.
7. With respect to the application challenging territorial jurisdiction of this Forum, moved by OP, requirement is that “at the time of filing the complaint, OP must have its office within the jurisdiction of Forum which OP1 very much has at Ghaziapur, Delhi 110092. Hence, application of OP being not maintainable is hereby dismissed.
8. It is also established that M/s Shreya Developwell Pvt. Ltd. and M/s Sangwan Heights Pvt. Ltd. – OP1 herein are one and the same persons but nothing more than a change of name of M/s Shreya Developwell Pvt. Ltd.
9. Therefore, holding OPs guilty for, adopting unfair trade practice as well as deficiency, we direct OP1 through its Directors – OP2, OP3 & OP4, to pay to complainant, back the deposited amount of Rs. 2,00,000/- (Rupees Two Lacs only) with interest thereon @12% interest per annum with effect from 20.06.2006 the date of deposit, till the date of final payment.

1. We also award an amount of Rs. 25,000/- (Rupees Twenty Five Thousand only) as compensation for harassment and
2. Rs. 5,500/- (Rupees Five thousand Five Hundred only) as litigation cost

to be paid to complainant by OPs.

 

10.  The above amounts shall be paid within 30 days from the receipt of order of this Forum, failing which interest shall be charged @ 18% per annum.
11.  Let a copy of this order be sent to each party, free of cost, as per Regulation 21 of the Consumer Protection Regulations, 2005.
12.  File be consigned to record room.
13.  Announced on 21.03.2017 

 

(N.K.Sharma) President

(Nishat Ahmad Alvi) Member