Delhi

East Delhi

CC/830/2015

RAVI PRAKASH - Complainant(s)

Versus

OCTAGON BUILDERS - Opp.Party(s)

06 Feb 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. 830/15

 

Shri Ravi Prakash

Through :Attorney H.Lal

D-67, Vikaspuri

New Delhi – 110 018                                                  ….Complainant

Vs.    

 

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

78, Hargovind Enclave

New Delhi – 110 092                                                        …Opponent

 

Date of Institution: 23.10.2015

Judgement Reserved on: 06.02.2019

Judgement Passed on: 07.02.2019

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 Shri Ravi Prakash 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 the complainant Shri Ravi Prakash booked a plot measuring 200 sq. yards @ 3,250/- per sq. yd. in the project ‘Santour City-II’ at Dehradun through the agent of OP by making a payment of      Rs. 65,000/- vide cheque no. 605062 as he was told that all sanction, licenses and permissions for the development of the project had already been obtained.  OP issued an official receipt no. 3547 dated 16.12.2006 and allotted a customer code no. SC2/B/357 to the complainant. 

            It has been stated that during the progress of the project, the complainant came to know about the memorandum dated 11.07.2007, released and published by Mussoorie Dehradun Development Authority that the project ‘Santour City-II’ at Dehradun was not legal and had been launched without seeking necessary permission from the appropriate authorities.  Hence, the complainant pressed a demand for the refund of booking amount alongwith interest. 

The complainant submitted the request letter dated 05.-09.2008 with OP alongwith all documents for refund of booking amount and was told that the amount shall be refunded on or before the expiry of 30 days, alongwith 12% interest from the date of realization of cheque.  The complainant made several visits to the business place of OP and wrote letters dated 31.07.2015 and 11.08.2015 to OP, but OP was avoiding the refund of booking amount on one pretext or the other.

The complainant sent a legal notice dated 26.08.2015 and asked to return the entire amount paid by him which was neither replied nor complied.  Thus, the complainant has filed the present complaint alleging deficiency and unfair trade practice on the part of OP.  Hence, the complainant has prayed for directions to OP to refund the amount of         Rs. 65,000/- alongwith interest @ 24% per annum and cost of litigation.

3.         Counsel for OP have appeared, but did not file the written statement and stopped appearing, 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 documents such as special power of attorney (Ex.CW-1/A), copy of complaint (Ex.CW-1/B), receipt bearing no. 3547 (Ex.CW-1/C), Memorandum issued by the office of Mussoorie Dehradun Development Authority in the newspaper dated 11.07.2007 (Ex.CW-1/D), letter dated 08.08.2008, 05.09.2008, 20.11.2008, 31.07.2015 and 11.08.2015, written by the complainant to OP (Ex.CW-1/E to 1/I)), legal notice dated 276.08.2015 and its postal receipt (Ex.CW-1/J), letter dated 05.06.2015 and its reply dated 07.09.2015 (Ex.CW-1/K and 1/L).  

5.         We have heard Ld. Counsel for complainant and have perused the material placed on record. From the documents placed on record such as payment receipt (Ex.CW-1/C), it is evident that complainant have paid an amount of Rs. 65,000/-.This amount was paid in the year 2006. Ex.CW-1/F, which is a letter written by the complainant, shows that he has made a request for cancellation of plot due to the reason that they were not authorized to proceed with the project. 

Since the complainant have been compelled to ask for refund of the booking amount, by not refunding the amount, OP have been deficient in their services.  When there has been deficiency on the part of OP, certainly, it has led to mental pain and suffering to the complainant.  

            In view of the above, we order that M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) shall refund the deposited amount of                 Rs. 65,000/- alongwith 9% interest from the date of filing of complaint till its realization.  We further award compensation for an amount of Rs. 30,000/- on account of mental pain and suffering which includes the cost of litigation. 

            This order be complied within a period of 90 days from the date of order.  If not complied, the amount of compensation of Rs. 30,000/- 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