Delhi

East Delhi

CC/33/2016

MONALI MITTAL - Complainant(s)

Versus

OCTAGON BUILDERS - Opp.Party(s)

25 May 2018

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. 33/16

 

Ms. Monali Mittal

D/o Shri Pawan Kumar Mittal

R/o C-2/7, Ganga Triveni Apartments

Plot No. 24/1, Sector-9

Rohini, Delhi – 110 085                                             ….Complainant

 

Vs.    

 

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

Head Office: 78, Hargobind Enclave

New Delhi – 110 092                                                       …Opponent

 

Date of Institution: 20.01.2016

Judgement Reserved on: 25.05.2018

Judgement Passed on: 25.05.2018

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. Monali Mittal against    M/s. Octagon Builders & Promoters 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 complainant Ms. Monali Mittal booked a plot of 240 sq. yds. @ Rs. 3,990/- per sq. yd. in Santour City Project at Haridwar of M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) and deposoited a sum of Rs. 2,18,640/- in two installments vide receipt no. 10741 dated 12.03.2007 of Rs. 75,000/- and receipt no. 12616 dated 11.08.2007 of Rs. 1,43,640/-. 

          The total amount of Rs. 2,18,640/- was deposited through these cheques.  These cheques were collected from the house of the complainant at Delhi.  They assured that they would handover actual and physical possession after completion of the project within a period of 15 months and execute the necessary sale documents.  However, they have failed to complete the project within the stipulated period. 

          The complainant have made personal visits, but she has not been handed over the possession.  She has lost faith in the said project.  Due to this, she has suffered mental agony, pain and harassment.  Thus, she has prayed for refund of Rs. 2,18,640/- alongwith 24% interest; Rs. 1,00,000/- compensation on account of mental and physical pain, agony and harassment’ Rs. 1,00,000/- for adopting unfair trade practices and Rs. 55,000/- towards cost of litigation.   

3.       Notice of the complaint was given to OP.  During the course of proceedings, they filed an application under Order VII, Rule 11 which was dismissed for non-prosecution and they were proceeded ex-parte. 

4.       In support of its case, the complainant have examined herself.  She has deposed on affidavit.  She has narrated the facts which have been stated in the complaint.  She has also got exhibited documents such as copy of receipt no. 10741 and 12616 (Ex.CW-1/A and 1/B), cop of legal notice dated 10.08.2015 (Ex.CW-1/C) and postal receipts D colly.).

5.       We have heard Ld. Counsel for complainant and have perused the material placed on record.  From the documents got exhibited such as payment receipts (Ex.CW-1/A and 1/B), it is evident that the complainant has deposited an amount of Rs. 2,18,640/- in two installments vide receipt no. 10741 dated 12.03.2007 of Rs. 75,000/- and receipt no. 12616 dated 11.08.2007 of Rs. 1,43,640/- for plot of 240 sq. yds. @ Rs. 3,990/- per sq. yd. in Santour City Project at Haridwar of M/s. Octagon Builders & Promoters Pvt. Ltd. (OP).  Since the amount has been deposited in the year 2007 and OP have failed to deliver the possession, unrebutted testimony of the complainant have to be trusted. 

          When M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) have failed to deliver the possession within the stipulated period, the complainant have suffered mental pain and suffering for which she has to be compensated.  Thus, we order that M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) shall refund the deposited amount of         Rs. 2,18,640/- with 9% interest from January 2009 to the complainant.   They will also pay an amount of Rs. 10,000/- on account of mental pain and sufferings to the complainant. 

          This order be complied within a period of 45 days from the date of order.  If not complied, the amount of compensation shall also carry 9% 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.

 

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

            (SUKHDEV SINGH)

                   President