CONSUMER DISPUTES REDRESSAL COMMISSION-VII
DISTRICT: SOUTH-WEST
GOVERNMENT OF NCT OF DELHI
FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN
SECTOR-20, DWARKA, NEW DELHI-110077
CASE NO.CC/222/17
Date of Institution:- 23.03.2017
Order Reserved on:- 21.02.2024
Date of Decision:- 04.06.2024
IN THE MATTER OF:
MuneshRaghav
S/o Sh. Mahipal Singh,
R/o V.PO Palra, District Gurgaon
.….. Complainant
VERSUS
M/s Shree SainathInfratechPvt. Ltd.
Plot No.65, First Floor, Plotted Area,
Sector-12A, Dwarka, New Delhi - 110075
.…..Opposite Party
Suresh Kumar Gupta, President
- The complainant has filed the complaint under section 12/17/21 Consumer Protection Act, 1986 (hereinafter to referred to as Act) with the averments that he has booked a residential plot B-32 in SaiVihar Project of OP and paid an initial amount of Rs.36375/- vide cheque no.964126 dated 06.06.2011. The receipt no.3587 dated 19.06.2011 was issued. He has paid a total sum of Rs.156118/- from 24.10.2011-20.04.2014. The OP did not deliver the possession as it was promised to deliver the possession within one year from the date of full payment. A legal notice dated 03.12.2016 was sent but no reply was received. A reminder dated 20.01.2017 was issued but without any result. There is deficiency of service on the part of OP. Hence, this complaint.
- The OP has filed the reply wherein preliminary objections like limitation, maintainability, concealment of facts and cause of action are raised. On merits, it is averred that there is no deficiency of service on the part of OP as complainant has not deliberately come forward to take the possession because the property was not giving the similar return as it was giving at the time of investment and started raising demand for the refund despite the fact that OP was ready to handover the possession to the complainant.
- The complainant has filed the replicationwherein he has denied the averments of written statement and reiterated the stand taken in the complaint.
- The parties were directed to lead the evidence
- The complainant has filed his own affidavit in evidence and corroborated the version of complaint and placed reliance on the documents annexed with the complaint.
- The OP has filed the affidavit of Sh. RohitSangwan in evidence and corroborated the version of written statement.
- We have heardLd. Counsel for the complainant as OP did not turn up to address the arguments and perused the entire material on record including written arguments of both the parties.
- It is clear from the evidence on record that complainant has booked the residentialplot in the SaiVihar Project at village Sawarda, Rajasthan launched by OP and paid a sum of Rs.156118/- from 06.06.2011-30.04.2014. The receipts are annexed with the complaint. The OP was to deliver the possession within one year from the date of full payment. The complainant has paid the entire amount as apparent from Annexure-C1. The OP has not delivered the possession of the plot despite the receipt of payment of Rs.156118/-. The OP has neither refunded the amount nor delivered the possession of plot. The complainant cannot wait for indefinite time to take the possession of the plot. The cause of action is continuous if possession is not delivered despite receipt of the entire amount so the question of limitation does not arise.
- Furthermore, the OP has not placed anything on record to show that any letter was issued to the complainant to take the possession of the plot or refund of the amount so received even despite the receipt of legal notice and reminder. The version of the OP that complainant did not turn up to take the possession cannot be relied upon in the absence of any document. All this shows that there is not only unfair trade practice on the part of OP but there is also deficiency of service.
- In view of our aforesaid discussion, the complaint of the complainant is allowed to the effect that OPs shall pay a sum of Rs.1,56,118/- along with an interest @7% from the date of filing the complaint i.e. 23.03.2017 to the complainant till its realization. The complainant is entitled for compensation of Rs.25,000/- for mental harassment and agony and Rs.15,000/- for litigation expenses. The OP is directed to comply with the order within 45 days from the receipt of the order failing which complainant will be entitled for interest @7% p.a. on the amount of mental harassment, agony and litigation charges i.e. from the date of order till its realization.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 04.06.2024.
