Delhi

East Delhi

CC/302/2014

PALLAVI - Complainant(s)

Versus

OCTAGON BUILDERS - Opp.Party(s)

09 Apr 2014

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. 302/14

 

Ms. Pallavi Shukla

W/o Shri Adesh Kumar Shukla

R/o 496, Karamchari Nagar

Nanital Road, Bareilly, UP                                          ….Complainant

 

Vs.    

 

M/s. Octagon Builders & Promoters (P) Ltd..

Through its Director

REgd. Off.: 78, Hargobind Enclave

Delhi – 110 092

Also at: H-218, Sector -63, Noida – 201 309, UP               …Opponent

 

Date of Institution: 27.03.2014

Judgement Reserved on: 17.04.2018

Judgement Passed on: 19.04.2018

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. Pallavi Shukla against             M/s. Octagon Builders & Promoters (P) 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 booked a residential plot with M/s. Octagon Builders & Promoters (P) Ltd. (OP) in Santour Hills, Dehradun on 23.06.2008 by paying a sum of Rs. 46,000/- vide receipt dated 23.06.2008.  Complainant paid two more installments on 17.08.2008 and 29.07.2009 for Rs. 71,290/- and Rs. 30,000/- respectively as per terms and conditions. 

            It was stated that in the month of July, 2009, OP transferred the plot in question from Santour Hills to Santour City-II with the approval of the complainant as the project was not ready at that time and issued allotment letter dated 29.07.2009.

            In the month of November, 2011, the complainant came to know that the said plot was sold out to some other person.  On enquiry, OP stated that they allotted another plot to the complainant.  At that time, the complainant requested for refund of the whole amount and OP agreed for the same and sought time to refund the whole money with interest.  The complainant contacted OP and wrote many letters from time to time for refund the amount of Rs. 1,47,290/- with 9% interest, but OP neither made refund nor replied. 

            Legal notice dated 25.09.2012 was sent by the complainant which was not replied.  Thus, she has filed the present complaint alleging deficiency and unfair trade practice on the part of OPs. 

            The complainant has prayed for directions to OP to refund an amount of Rs. 1,47,290/- alongwith interest @ 9% p.a.; Rs. 1,00,000/- towards compensation & damages and Rs. 25,000/- towards cost of litigation.

3.         In the reply filed on behalf of M/s. Octagon Builders & Promoters (P) Ltd. (OP), they have taken various pleas such as this forum has no jurisdiction to entertain the complaint as the alleged plot was booked in Noida office; the complainant did not pay the correct fee for making complaint. 

            It was stated that they issued the allotment letter to all the allottees initially, however, the complainant failed to make the balance payment due to which the possession was not handed over to her. 

            It was denied that in the month of July, 2009, any official of OP offered the complainant to transfer her plot to Santour Hills to Santour City-II.  It was also submitted that Santour Hills and Santour City were not different projects, but part of Santour City.  It was stated that OP advised the complainant to deposit the balance amount and got register the plot in her favour, but complainant refused to deposit the balance amount.      It was further stated that OP was still ready to register the plot in favour of the complainant subject to depositing the balance amount as per market rates or refund the amount as per terms and conditions.  Other facts have also been denied.

4.         Rejoinder to the WS of OP was filed by the complainant where the contents of the WS have been denied and has reaffirmed the averments of her complaint.

5.         In support of its complaint, the complainant have examined herself.  She also deposed on affidavit.  She has narrated the facts which have been stated in the complaint.   She has got exhibited documents such as copy of Election Identity Card (Ex. CW-1/1), copy of receipt dated 23.06.2008 (Ex. CW-1/2), copy of receipt of deposit of Rs. 71,290/- and 30,000/- (Ex.CW-1/3 and 1/4), copy of allotment letter dated 29.07.2009 (Ex. CW-1/5), copy of letter dated 27.12.2011 and another letter without date (Ex. CW-1/6 and 1/7) and copy of legal notice dated 25.09.2012 (Ex. CW-1/8).

            M/s. Octagon Builders & Promoters (P) Ltd. (OP) have examined Ms. Preeti Jain, Company Secretary of OP, who have deposed on affidavit and reiterated the contents of the reply.  She has also got exhibited the copy of board resolution as Ex.RW-1/A.

6.         We have heard Ld. Counsel for complainant and have perused the material placed on record.  Though, OP did not put the appearance after filing the reply and the evidence and moving an application under Order VII Rule 11 of CPC, which was dismissed, however, the points raised in the WS are taken care of. 

            The plea taken in the WS has been that this forum was not having territorial jurisdiction as the residential plot was booked at Dehradun and OP was having their office at Noida.  However, counsel for complainant have stated that the documents were accepted by OP at the Delhi Office.  If a look is made to the documents such as payment receipts, it is noticed that these documents bear the seal of Delhi office.  As the documents were issued from their Delhi office, this forum was having territorial jurisdiction.  Therefore, this plea of OP does not survive.

            Another point which has been raised on behalf of OP has been that complainant failed to make the balance payment as demanded.  On the other hand, complainant have stated that OP shifted her to another project by having sold her plot in the earlier project.  Whether the complainant was shifted to another project is a question which cannot be gone into, but the fact remains that complainant have not been given possession of the plot for which she made the payment.

            Coming to the deficiency, if any, on the part of OP, it is noticed that complainant booked the plot in the year 2008 and made payments from time to time till 2009 whereby allotment letter was also issued through their letter of dated 29.07.2009.  Though, the complainant was assured possession within a reasonable time, but OP failed to do so and complainant was compelled to ask for refund. 

            The fact that OP have failed to handover possession of the plot within a reasonable period, certainly, there has been deficiency on the part of OP.  When the complainant have not been given possession within the reasonable time, certainly, the complainant have suffered mental pain and agony.

            When there has been deficiency on the part of OP, the complainant was entitled for refund of amount paid as well as damages.  Therefore, it is ordered that M/s. Octagon Builder and Promoter (P) Ltd. (OP) shall refund an amount of Rs. 1,80,000/- with 9% interest from January 2012 till realization.  We further award compensation of Rs. 25,000/- towards harassment and mental agony which includes the cost of litigation. 

            The order be complied within a period of 45 days, if not complied, the amount of compensation of Rs. 25,000/- shall 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.

 

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

Member                                                                                   Member    

            (SUKHDEV SINGH)

             President