Delhi

East Delhi

CC/8/2016

ANITA - Complainant(s)

Versus

OCTAGON BUILDERS - Opp.Party(s)

20 Nov 2017

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.  08/16

 

Ms. Anita Verma

W/o Shri Brij Mohan Verma

R/o 2230, Gali Anar

Kinari Bazar, Delhi – 110 006                                       ….Complainant

Vs.

1. Octagon Builders & Promoters Pvt. Ltd.

Head Off.: H-218, Sector-63

Noida – 201 309, UP       

 

2. Shri Kuldeep Nandrajog

S/o Sanjay Nandrajog

Through its Director

M/s. Octagon Builders & Promoters Pvt., Ltd.

78, Hargovind Enclave

New Delhi – 110 092

 

3. Shri Sanjay Roshan

Through its Director

M/s. Octagon Builders & Promoters Pvt., Ltd.

78, Hargovind Enclave

New Delhi – 110 092                                                        …Opponents

 

Date of Institution: 07.01.2016

Judgement Reserved on : 20.11.2017

Judgement Passed on: 21.11.2017

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 Ms. Anita Verma against             M/s. Octagon Builders & Promoters Pvt. Ltd. (OP), under Section 12 of the Consumer Protection Act, 1986. 

2.         The facts in brief are that the complainant booked one plot in the project of M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) at Santour City (Haridwar), bearing no. H-1030, measuring 200 sq. yds. @ Rs. 3,990./-   per sq. yd. and made the full payment of Rs. 9,17,706/- and further an amount of Rs. 67,000/- for Registry in cash as follows:-

Cheque no.	Cheque date	Amount (Rs.)	Receipt no.	Receipt date
320896	16.03.2007	50,000.00	10906	24.03.2007
349118	15.05.2007	95,760.00	11855	23.06.2007
053688	15.06.2010	95,760.00	17607	01.07.2010
053762	26.02.2014	3,00,000.00	18204	26.02.2014
053767	14.04.2014	3,76,186.00	18221	15.04.2014
Cash payment		67,000.00		29.09.2014

.

            It was further stated that as per the rate mentioned on the receipt, the area of the plot has been mentioned as 160 sq. yds. instead of          200 sq. yds. and the OP had taken the consideration of 200 sq. yds.  Even after making the full payment, neither the possession of the said plot has been given nor the registry executed in favour of the complainant. 

            It was assured to the complainant that as per the stipulation of the registration form, OP no. 1, 2 and 3 undertake to refund the double of the amount if they fails to allot the said plot within immediate handing over the total amount.  It was further assured that they were liable to pay an interest @18% to its investors.

            When OPs were unable to handover the possession of the flat to the complainant, the complainant sent the complaint through Regd. AD and Speed Post on 01.10.2015 before the SHO, P.S. Chandni Chowk,  SHO, P.S. Sector-71, Noida, U.P. Cell and also before the SHO, P.S. Civil Line, Roorke, Uttrakhand to take the cognizance, but no action was taken against them. Hence, the complainant has prayed for refund of Rs. 16,70,000/- alongwith interest @ 24%p.a.; Rs.2,00,000/- compensation towards mental agony, harassment and damages and Rs. 55,000/- as litigation expenses.        

3.         Notice of the present complaint was served upon OP.  No reply was filed on their behalf, hence they were proceeded ex-parte. 

4.         Ex-parte evidence was filed by the complainant where she has deposed on oath.  She has narrated the facts which have been mentioned in the complaint.  She has also got exhibited documents such as copy of voter I. Card of the complainant (Ex.CW-1/1), copy of receipts of payment (Ex.CW-1/2) (colly.) and copy of complaint dated 01.10.2015 alongwith its postal receipts (Ex.CW-1/3) (colly.).

5.         We have heard Ld. Counsel for complainant and have perused the material placed on record. From the documents placed on record, it is noticed that the complainant have made a total payment of Rs.9,84,706/-, however, OP have failed to deliver the possession of the plot within the stipulated time.  This total amount of Rs. 9,84,706/- was deposited by the complainant in the year 2007 to 2014, when OP confirmed having received an amount of  Rs. 67,000/- on account of registry.  However, they have failed to get the registry in the name of the complainant.  The fact that the complainant having deposited a total amount of Rs. 9,84,706/- and OP having failed to deliver the possession within the stipulated time, certainly, the complainant have suffered mental pain and agony for which he has to be compensated also.  Thus, the testimony of the complainant has to be relied upon.  Though the complainant have claimed an amount of            Rs. 16,70,000/-, but this amount cannot be awarded as there has been nothing on record to show that the complainant was entitled for this amount. 

In view of the above, it is ordered that M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) shall refund an amount of Rs.9,84,706/- alongwith 9% interest from the date of filing the complaint. They are further directed to pay an amount of Rs. 50,000/- towards compensation on account of mental pain and suffering, which includes the cost of litigation.

The order be complied within 45 days. If not complied, the awarded amount of Rs.50,000/- towards compensation will also carry 9% interest  from the date of order.

            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