Delhi

East Delhi

CC/243/2016

SATISH - Complainant(s)

Versus

OCTAGON BUILDERS - Opp.Party(s)

20 Nov 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. 243/16

 

1. Shri Satish Kumar Khetrapal

Flat No.691, Tower-A, Avenue-1^st

Gaur City-1, Sector-4

Greater Noida, West, UP

 

2. Smt. Kiran Khetrapal

W/o Shri Satish Kumar Khetrapal

Flat No.691, Tower-A, Avenue-1^st

Gaur City-1, Sector-4

Greater Noida, West, UP                                          ….Complainants

Vs.    

 

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

Through its Directors

78, Hargovind Enclave

New Delhi – 110 092

Also at:

D-3 & 4, Sector-10

Noida,  UP – 201 309                                                        …Opponent

 

Date of Institution: 13.05.2016

Judgement Reserved on: 20.11.2018

Judgement Passed on: 03.12.2018

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 Satish Kumar Khetrapal and Smt. Kiran Khetrapal against M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) the Consumer Protection Act, 1986 with allegations of unfair under Section 12 of trade practice and deficiency in service. 

2.         The facts in brief are that the complainant Shri Saish Kumar Khetrapal applied for allotment of developed residential plat, measuring   120 sq. yards in the OP’s project “Har Har Gange” at Phase-IV, Haridwar, Uttrakhand vide application dated 21.06.2014.  The complainant opted for the payment plan B, according to which he made the payment of registration amount of Rs. 5,000/- vide cheque no. 680764 amounting to Rs, 5,200/-, drawn on Indian Overseas Bank, New Delhi.

It was stated that as per letter dated 11.07.2014, the complainant was allotted a residential plot of 120 sq. yds.The complainant requested to OP for allotment of plot of 100 sq. yds which was accepted.The complainant received allotment letter for plot no. 1885 measuring 100 sq. yds.A deed of agreement dated 07.12.2014 was executed between OP and the complainant.

As per Para 9 of the agreement, OP had to complete construction of said plot within 12 months from the date of signing of the agreement with a grace period of 3 months.Complainant visited the project site several time, but did not find any development.He wrote a letter dated 18.12.2015 to OP for the same, but did not get any response.

It was further stated that in the month of October, 2015, Shri Ankit Arora on behalf of OP, called the complainant and requested to make the advance payment of installments as OP was in need of money for construction of temple on the project site.Believing the words of OP, complainant made the payment of Rs. 2,03.063/- through RTGS on 21.10.2015.

It was also stated that the complainant paid the entire consideration amount including 18 installments as per plan, opted by him.On the assurance given by official of OP, the complainant made further payments as per plan.Again, the complainant visited the project site and found that there was no development carried out by OP.He again wrote a letter dated 31.12.2015, but no action has been taken by OP. Representatives of OP kept on taking money from the complainant by making undue pressure of “default penalties” due to which he made the entire payment.

The complainant sent a legal notice dated 08.01.2016 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. 12,82,500/- alongwith interest @ 18% per annum from the date of booking of plot and Rs. 5,00,000/- for mental harassment and agony suffered due to irresponsible behaviour of OP and cost of litigation.

3.         None have appeared on behalf of OP, despite service, 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 Brochure No, 3436 alongwith application form (Ex. CW-1/1 and 1/2), copy of cheque no.680764 (Ex. CW-1/3), copy of allotment letter dated 11.07.2014 for Plot no. 1885 (Ex. CW-1/4), copy of letter dated 18.12.2015 Ex. CW-1/5), copy of location map of the plot, allotted to the complainant Ex. CW-1/ 6),copy of letter dated 31.12.2015 Ex. CW-1/ 7), photographs of site as on 28.02.2016 Ex. CW-1/ 8) and copy of payment receipts Ex. CW-1/9).

5.         We have heard Ld. Counsel for complainant and have perused the material placed on record.  It has been argued on behalf of the complainant that the complainant could not get the plot within the stipulated time, though, he made the payments from time to time.  From the documents placed on record, it is evident that complainant have paid a total amount of Rs. 12,82,500/-.  The possession of the said plot was to be given within 12 months from the date of signing of the agreement with a grace period of three months.  This agreement was executed on 07.12.2014, but M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) have failed to deliver the possession of the said plot within the stipulated period, even though, the complainant have made a substantial payment.  There has been delay on the part of M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) which has caused mental pain and suffering for which the complainant have to be compensated. 

            In view of the above, we order that M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) shall refund the deposited amount of                 Rs.12,82,500/- 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 90 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