Delhi

East Delhi

CC/1130/2014

MUNNI - Complainant(s)

Versus

NITI SHREE INFRA. - Opp.Party(s)

24 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 1130/14

 

Smt. Munni Devi

W/o Shri R.G. Saxena

R/o FA-217, Lajpat Nagar

Ghaziabad                                                                 ….Complainant

Vs.    

 

M/s. Nitishree Infrastructure Ltd.

(Previously known as Shourya Towers Pvt. Ltd.)

Through its Managing Director

Regd. Off.: 78-B, Sector D-2, Group – II

DDA Flats, Kondli Gharoli

Mayur Vihar Phase – III

Delhi – 110 096                                                                 …Opponent

 

 

Date of Institution: 09.12.2014

Judgement Reserved on: 24.05.2019

Judgement Passed on: 27.05.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Smt. Munni Devi against            M/s. Nitishree Infrastructure Ltd. (previously known as Shourya Towers Pvt. Ltd) (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant Smt. Munni Devi booked a plot measuring 175 sq. yds. @ Rs. 10,505/- per sq. yd. having the total cost of Rs. 18,38,375/- with M/s. Nitishree Infrastructure Ltd. (OP).  She paid an amount of Rs. 3,95,000/- against receipt dated 01.03.2006.  They did not made any demand, though the complainant was ready to pay the balance amount.  Even they did not provide the approval of the colony and progress report regarding its development. 

            It has been stated that there was no hope to get the plot from OP as the complainant had already sent notices to provide the plot and interest upon the deposit amount, but they have failed to respond.  Even the complainant sent a notice for refund of Rs. 3,95,000/-  with interest @   24% p.a.  It has been stated that by not refunding the amount, OP had committed deficiency in services as well as unfair trade practice.  Hence, the complainant has prayed for directions to OP to refund the deposited amount of Rs. 3,95,000/- alongwith interest @ 24% p.a. from 01.03.2006, the date of deposit the amount; compensation of Rs. 2,00,000/- on account of mental agony and harassment and Rs. 50,000/- towards cost of litigation.      

3.         No one has appeared on behalf of OP inspite of service, hence, they were proceeded ex-parte.

4.         In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited copy of receipt dated 01.03.2006 (Annexure-I) and copy of legal notice (Annexure – 2).

5.         We have perused the material placed on record.  From the evidence on record, it is evident that the complainant have paid an amount of         Rs. 3,95,000/- on 01.03.2006 against receipt.  This payment has been made for the plot in the upcoming project at NH-24, Ghaziabad for a plot area of 175 sq. yds. 

Since the testimony of complainant have gone unrebutted and the evidence on record such as acknowledgement cum receipt show that an amount of Rs. 3,95,000/- has been paid by the complainant in the upcoming project at NH-24, Ghaziabad of M/s. Nitishree Infrastructure Ltd. (previously known as Shourya Towers Pvt. Ltd) (OP) and they have failed to give possession of the plot within the reasonable period, there has been deficiency on the part of OP.  That being so, the complainant was entitled for refund of the amount paid.  When the complainant have not been given possession of plot within the reasonable time, she has suffered mental pain and suffering for which she has also to be compensated. 

The possession of plot was to be given by OP within a period of       08 months from the date of registration as per the terms and conditions appended with the receipt.  Further, Clause 3 of the terms and conditions say that if the company was not in a position to allot the plot, it will pay a simple interest @ 8% p.a.  Since OP have failed to give possession of the plot within a period of 8 months from the date of registration, the complainant was also entitled for interest on refund @ 8% p.a. 

In view of the above, we order that complainant be paid the deposited amount of Rs. 3,95,000/- alongwith simple interest @ 8% p.a. from January 2007.  We further order compensation for an amount of       Rs. 50,000/- which includes the cost of litigation.  The awarded amount be paid within a period of 30 days from the date of receipt of order.  If not paid, the amount of compensation of Rs. 50,000/- shall also carry 8% interest from the date of order till realization.    

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

 

(HARPREET KAUR CHARYA)                                          (SUKHDEV SINGH)

              Member                                                                          President