Delhi

East Delhi

CC/303/2014

SARITA - 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. 303/14

 

Ms. Sarita Bisht

D/o Shri Arjun Singh Bisht

R.o 841, Sector-18, HBC

Faridabad, Haryana                                                    ….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. Sarita Bisht 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 City-II, Dehradun on 12.12.2006 by paying a sum of Rs. 32,500/- vide receipt no. 1374 dated 12.12.2006.  Complainant paid two more installments of        Rs. 48,750/- each on 10.03.2007 and 22.06.2007 as per terms and conditions. 

            It was stated that after many visits, the complainant got the allotment letter on 16.07.2009 by paying an amount of Rs. 50,000/- vide receipt dated 01.09.2009, in which plot no. 29A measuring 131 sq. yds. was allotted to her at Santour City Phase-II, Dehradun.  It was assured that OP gave the possession of the plot prior to the year 2011.  In 2011, OP offered the possession of plot in Haridwar project against the Dehradun project, which was refused by the complainant.  It was further assured that the possession of the plot in Dehradun was given in 2012, but all in vain.     

            It was further stated that on 30.05.2012, the complainant sent a mail to OP which was not replied.  In September 2012, the complainant asked for refund with interest.  OP stated that if they want the refund, the same would be given in writing.  On 01.10.2012, the complainant served a letter to OP for refund of money, but despite several written and oral demands and requests from time to time, OP neither allotted the plot nor returned the money.  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. 1,80,000/- alongwith interest @ 24% 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 whenever the official of OP contacted the complainant, they asked her to deposit the balance amount and register the booked plot in her favour, but complainant was not ready to deposit the balance amount, therefore, the possession of plot could not be handed over to him.

            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 receipt no. 1374 dated 12.12.2006 for Rs. 32,500/- (Ex. CW-1/1), copy of receipt dated 10.03.2007 and 22.06.2007 (Ex. CW-1/2 and 1/3), copy of allotment letter (Ex. CW-1/4), copy of receipt dated 01.09.2009 for           Rs. 50,000/- (Ex. CW-1/5), copy of mail sent to OP dated 30.05.2012     (Ex. CW-1/6), copy of letter to OP dated 01.10.2012 and its postal receipt (Ex. CW-1/7 and 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 7 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.

            Coming to the deficiency, if any, on the part of OP, it is noticed that complainant booked the plot in the year 2006 and made payments from time to time till 2009 whereby allotment letter was also issued through their letter of dated 16.07.2009.  Though, the complainant was assured possession within a reasonable time, but OP failed to do so and complainant was compelled to ask for refund through her letter of dated 01.10.2012. 

            The fact that OP have failed to handover possession of the plot within a reasonable period, there has been deficiency on the part of OP which caused the complainant 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