Delhi

New Delhi

CC/706/2012

Shuchi Rastogi - Complainant(s)

Versus

M/S. Boutanika Infrastructure Pvt.Ltd. - Opp.Party(s)

30 Nov 2019

ORDER

 

 

                                        CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 706/2012                                 Dated:

In the matter of:

 Ms. Shuchi Rastogi

W/o Sh. Vikas Rastogi,

R/o 304 Genex, Omaxe Heights, Sector-86, Faridabad, Haryana

                                 ....COMPLAINANT NO. 1

 

       Sh. Vikas Rastogi,

       S/o Sh. Satya Prakash Rastogi,

       R/o 304, Genex. Omaxe Heights, Sector -86, Faridabad, Haryana

                                    ....COMPLAINANT NO. 2

 

 

VERSUS

 

Boutanika Infrastructure Pvt. Ltd.,

Through its Managing Director,

Having its Registered Office at:-

1104, Antriksh Bhawan, Kasturba Gandhi Marg,

New Delhi-110001

 

Also at:-

 

203-204, Durgaji Shopping Complex,

Pratap Market, New Bank of India,

Mayur Vihar, Phase-1, Pocket-II, Delhi        

                                                                                                                                                  .....OPPOSITE PARTY

 

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

The complainants has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that complainants booked a Residential Plot in a project of OP at Boutanika City, District Ghaziabad, UP by paying a total sum of Rs. 03,50,000/-for 230 Sq. Yrds. which was paid through cheque bearing no. 534757 and 534758 dated 04/05/2006 to the OP. In respect of it OP issued Receipt no. 33 dated NIL for the booking of 230Sq. Yrds. to the complainant. After making investment, the OP promised the complainants that the project shall be started soon and in case of delay, simple interest @ 9% shall be given to the complainants.

After the lapse of many months, complainants enquired about the developments  of the Project carried on by the OP, wherein nothing was done at side located in NH-91, District Ghziabad, UP.

The complainants made numerous calls to the office of the OP but all efforts were in vain by mere false, frivolous, fake and misleading commitments by OP. The complainants had also applied for refund of their invested hard earned money of Rs. 3,50,000/- to the OP with simple interest but nothing has been done.  Complainant had also filed FIR and the Director, Sh. Niwas Sharma of OP was arrested and he was released on conditional bail in the year 2008 and subsequently, the Director, Sh. Niwas Sharma of OP filed an application on 11/02/2008 before the Ld. Metropolitan Magistrate for return of Original Sale Deeds. The OP and its Directors were directed to file lost of the investor duped by the OP in Criminal M.C. no. 3473 of 2008. Later on, the bail granted to the director, Sh. Niwas Sharma was cancelled by the Hon’ble High Court as the same was misused and the OP is unable to repay the amount of the complainants and other aggrieved investors till date, hence this complaint.

Notice of the complaint was sent to the OP.  Since none appeared on behalf of OP despite notice, therefore, it was ordered to be proceeded ex-parte on 02/04/2013 by our predecessor Bench.

Complainant has filed his evidence by way of affidavit wherein he has corroborated the contents of his complaint. File is perused.

 

From the un-rebutted testimony of the complaint and documents placed on record, we are convinced that the story put forth by the complainant is true.  Bare perusal of the complaint and its annexures shows that complainant booked a Plot in a project of OP at Boutanika City, District Ghaziabad, UP by paying a total sum of Rs. 03,50,000/-for 230 Sq. Yrds. but the OP did not complete the said project nor refunded the hard earned money of the complainant. Therefore, We hold the OP guilty of deficiency in service and direct it as under:-

 

i)     Pay to the complainant a sum of Rs. 03,50,000/- along with interest @ 9% p.a. from the date of deposit  i.e. 04/0/2006  till payment.

ii)    Pay to the complainant a sum of Rs.10,000/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.

 

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 30/11/2019.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

                        (NIPUR CHANDNA)                                                                        (H M VYAS)

                             MEMBER                                                                                      MEMBER