Delhi

East Delhi

CC/984/2015

S.K BHUTTAN - Complainant(s)

Versus

OCTAGON BUILDERS - Opp.Party(s)

05 Sep 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. 984/15

 

Shri S.K. Bhuttan

S/o Shri C.L. Bhuttan

R/o 249-C, Pocket-I

Mayur Vihar, Phase-I

Delhi                                                                        ….Complainant

Vs.    

 

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

Through its Whole Time Director

Shri Kuldeep Nandrajog

Regd. Off: 78, Hargovind Enclave

New Delhi – 110 095                                                         …Opponent

 

Date of Institution: 31.12.2015

Judgement Reserved on: 05.09.2018

Judgement Passed on: 11.09.2018

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 Shri S.K. Bhuttan 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 the complainant entered into an agreement no. 3368 on 03.12.2008 and booked a plot of 258 sq. yds. on a Basic Sale Price of Rs. 10,29,420/- with M/s. Octagon Builders & Promoters (P) Ltd. (OP) in Santour City, bearing no.  BB/12-1, located in Haridwar Distt. (UK) by paying an amount of Rs. 2,41,520/-.         As per payment plan, the complainant paid a total amount of Rs. 6,16,326/-.  The complainant stopped paying further installments as there was no progress found on the site.  

It was stated that the complainant asked OP to provide copy of NOC for selling the plot for residential purpose, but they failed to do so.Meanwhile, opposite party has changed his office address thrice without informing the complainant.

It was also stated that opposite party offered other suitable alternative site for allotment as per their letter dated 23.,02.2015 which was not complied.

Vide his letter of dated 15.10.2015, the complainant sought refund of deposited amount with interest.In reply to this vide letter dated 26.10.2015, the opposite party claimed interest on late payment instead of paying interest on the deposited amount.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 deposited amount alongwith compound interest at the then existing bank interest; Rs. 30,000/- towards litigation expenses; compensation of Rs. 50,000/- towards mental agony and Rs. 2,00,000/- on account of loss of opportunity of investing the money on other ventures.

3. In the written statement, filed on behalf of M/s. Octagon Builders & Promoters (P) Ltd. (OP), they have stated that this Forum has no territorial jurisdiction as the agreement executed in Noida office and the alleged land was situated at Haridwar.  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 case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint. 

            OP stopped appearing after filing the written statement.  Hence, they were proceeded ex-parte.

6.         During the course of proceedings, OP also moved an application under Order 7 Rule 11 of CPC which was dismissed as non-pressed as they stopped appearing in the case.

7.         We have heard Ld. Counsel for complainant and have perused the material placed on record.  From perusal of the documents, it is noted that complainant booked a plot measuring 256 sq. yds. @ Rs.3,990/- per sq. yd.  The total basic price of the plot was Rs. 10,29,420/-, out of which complainant deposited an amount of Rs. 6,16,326/-.  This amount has been admitted by M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) in their letter of dated 26.10.2015.  Since they have admitted this amount and have not delivered the possession as stated by the complainant in his complaint, certainly, there has been deficiency on the part of M/s. Octagon Builders & Promoters Pvt. Ltd. (OP).              By not delivering the possession within the stipulated time, certainly, the complainant have suffered mental pain and suffering. 

            In view of the above, we order that M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) shall refund the deposited amount of                 Rs. 6,16,326/- alongwith 9% interest from the date of filing of complaint.  We further award compensation for an amount of Rs. 20,000/- on account of mental pain and suffering which includes the cost of litigation. 

            This order be complied within a period of 60 days from the date of order.  If not complied, the amount of compensation of Rs. 20,000/- 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