Delhi

North East

CC/305/2014

Mr. S.K. Jain - Complainant(s)

Versus

M/s Sangwan Heights Pvt. Ltd. Formely Known as Shreya Developwell Pvt. Ltd. - Opp.Party(s)

01 Jun 2018

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. 305/14

 

In the matter of:

 

	Shri S.K. Jain 53-A, Pocket-II, Sector-6, Dwarka, New Delhi 110075	Complainant
	Versus
1.           2.             3.           4.	M/s Sangwan Heights Pvt. Ltd formerly known as Shreya Developwell Pvt Ltd. 102, FF, Vardhman Master  Plaza, 2, Local Shopping Centre, Ghazipur, Delhi 110092   Mr. Anuj Sarin Director M/s Sangwan Heights Pvt. Ltd formerly known as Shreya Developwell Pvt Ltd. C-48, Chander Nagar, Link Road, Ghaziabad 201011   Mr. Rajeev Gupta Director M/s Sangwan Heights Pvt. Ltd formerly known as Shreya Developwell Pvt Ltd. B-9, Surya Nagar, Ghaziabad 201011   Mr. Sanjay Singh Director M/s Sangwan Heights Pvt. Ltd formerly known as Shreya Developwell Pvt Ltd. Village Surana, Jahangeerabad, Garh Muketshwar, Ghaziabad 201011	Opposite Parties

 

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

14.08.2014 23.05.2014 01.06.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. The complainant has submitted that towards the end of the year 2010, the OP had come out with advertisement regarding their proposal for residential plots in Ghaziabad, U.P. and promising possession of developed plots within 2 years. Being impressed with the above advertisement, the complainant made a payment of                 Rs. 2,75,000/- to the OP vide cheque No. 195583 dated 30.09.2006 drawn on Andhra bank Dwarka, New Delhi as booking amount for    a 200 sq.yards plots @ 6525 per sq.yd and the balance amount was to be demanded by the OP and paid by the complainant linked to the progress of development. It has been further submitted that despite  the payment of Rs. 2,75,000/- to the OP, the complainant had waited for more than 7 years and had made alternate plans for using his money elsewhere since no development had been made on the project area by the OP. The complainant has further submitted that he had been visiting offices of the OP several times and it was stated by the OP is in the process of developing in the land and will inform the allotment very soon. According to the complainant, the OP had adopted unfair trade practices and rendered gross deficiency in services in obtaining hard earned money of the complainant without having any intent of rendering appropriate services and as such the OP is liable to refund the booking amount of Rs. 2,75,000/- and pay to the complainant interest on the payment made by the complainant to the OP. It has been further reported that due to the callous and negligent attitude of the OP, the complainant has suffered immense loss and harassment and hard-earned money of the public are being robbed in an organized manner by unscrupulous builders, developers who were involved in this type of scam and fraud in real estate sector. It has been further submitted that these builder / developer neither have any land at all in their possession nor any of their so-called project is approved by the concerned statutory authorities in accordance with law and as such the complainant has prayed before this Forum to direct the OP to refund a sum of                                 Rs. 2,75,000/- paid by the complainant alongwith interest @ 24% p.a. on the sum till the date of refund. Moreover the complainant has prayed that OP be directed by this Forum to pay to the complainant a sum of Rs. 1,00,000/- towards damages for harassment, tension and agony undergone by the complainant at the hands of the OP. In addition to above the complainant has desired sum of Rs. 1,00,000/- as cost of the present case and its proceedings.

Complainant has attached a copy of receipt no. 019 dated 16.09.2006 as acknowledgement of receipt of amount of Rs. 2,75,000/- paid by the complainant to OP (erstwhile / then known as (Shreya Developwell Pvt Ltd) towards the plot and copy of registration form dated 31.08.2006 duly signed by the complainant.

2. Notice was issued to the OP on 25.08.2014 for appearance before this Forum on 25.09.2014 and amended memo was filed intimating the fresh addresses of OP and inclusion of Mr. Sanjay Singh Director M/s. Shreya Developwell Pvt Ltd in the array of parties. However as per the track report only OP1 was served on 03.12.2014 but he did not appear and as such was proceeded against Ex-parte.
3. Evidence by way of affidavit was filed by the complaint wherein the complainant submitted that the complainant had found that case under provisions of law have been filed against the OP on 19.01.2013 at Tis Hazari Courts, Delhi under various sections. Counsel for the complainant through affidavit submitted that the OP had changed its name to M/s. Sangwan Heights Pvt. Ltd. and changed the address of Regd office to No. 102, FF, Vardhman Master Plaza, 2, Local shopping centre, Ghazipur, Delhi 110092 and that the said facts had come to his knowledge from the Website of Ministry of Corporate Affairs, Govt. of India.
4. Written arguments were filed by complainant wherein he reiterated his grievance.
5. We have heard the arguments addressed by the complainant and have also gone through the evidence submitted by him in support of his contention. From the documents it can be ascertained that the complainant had paid Rs. 2,75,000/- to the OP towards registration amount for booking of 200 sq.yd plot which amount was duly acknowledged by the OP i.e. M/s. Shreya Developwell Pvt. Ltd. now known as M/s. Sangwan Heights  Pvt. Ltd vide receipt no. 019 dated 16.09.2006. However, on complainant seeking refund of the said amount there was no response from the OP. We therefore direct the OP to refund the amount of Rs. 2,75,000/- to the complainant alongwith interest @ 9% p.a. from the date of filing of the present complaint till the date of realization. In addition to above, the OP shall pay compensation of Rs. 20,000/- towards the damages for harassment, tension and agony undergone by the complainant alongwith Rs. 5,000/- towards litigation charges to the complainant. Let the order be complied within 30 days from the date of receipt of this order.
6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on  01.06.2018

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member