Delhi

East Delhi

CC/238/2016

SHANTI DEVI - Complainant(s)

Versus

OCTAGON BUILDERS - Opp.Party(s)

23 Aug 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. 238/16

 

Smt. Shanti Devi Sharma

W/o Shri S.K. Sharma

R/o D-58-B, Street No. 3

Laxmi Nagar, Delhi – 110 092                                     ….Complainant

Vs.    

 

1. The Managing Director

Otagon Builders & Promotors (P) Ltd.

Regd. Off.: 78, Hargoving enclave

Delhi – 110 092

 

2. The Managing Director

Otagon Builders & Promotors (P) Ltd.

Office: H-218, Sector-63

Noida, UP – 201 301

 

3. Shri Vidyut Kumar Goel

Prop/Partern of Goel Associates

R-1560/7, Naveen Shahdara

Khajoor Wali Gali

Near Sardhanand Property

Delhi – 110 032                                                                …Opponents

 

Date of Institution: 11.05.2016

Judgement Reserved on: 23.08.2018

Judgement Passed on: 24.08.2018

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 Smt. Shanti Devi Sharma against         the Managing Director, Octagon Builders & Promotors (P) Ltd. at Hargovind Enclave (OP-1), at Noida (OP-2) and Shri Vidyut Kumar Goel, Prop./Partners of Goel Associates (OP-3) 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 on the assurance of the representative/booking agent of the company, the complainant booked a residential plot of 100 sq. yds. with M/s. Octagon Builders & Promoters (P) Ltd. (OP) in Santour City, project at Dehradun through booking  agent of Goel Associates (OP-3)  by paying 1^st installment of Rs. 31,500/- vide cheque no. 776268 dated 31.12.2006 and 2^nd installment of Rs. 47,250/- vide cheque no. 776274 dated 30.04.2007, drawn on Punjab National bank, Laxmi Nagar.  Later on, when the complaint came to know that there was no land with the company, she did not pay further installments. 

            It was stated that in the letter dated 14.04.2008, the company offered to shift the option from Dehradun to Centour City, Hardwar by 30.04.2008 and thereafter to start the process of making allotment in Santour City Dehradun.  As the complainant was interested for getting possession in Dehradun only, she did not exercise any option of shifting to Hardwar. 

            It was also stated that the respondent company shifted its office to Noida for which no information was given to the complainant.  On getting the new address in October, 2015, the husband of the complainant contracted them and asked for allotment of plot at Dehradun, but was told that there was no plot available in Dehradun for giving possession.  The husband of the complainant met with Ms. Anjali Tyagi in company office at Noida, but did not get any positive response.  Hence, the complainant requested them either for allotment of plot at Dehradun or refund the deposited amount with interest.

            It was further stated that as per directions of the respondent company, the complainant sent all the documents viz. affidavits and original booking letter vide letter dated 23.11.2015 by registered AD post which was received undelivered with the postal remarks “wrong address”.  The letter was again sent by hand on 17.12.2015 which was received by the accountant of the company, but the respondent neither returned the money nor offered the possession of plot as per booking. 

            Another letter dated 25.04.2016 was sent to OP 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.  Hence, the complainant has prayed for directions to OP to allot the plot in its Santour City Project at Dehradun as per original booking vide customer code SC2/A/1564 or refund the booking amount with 18% interest, compensation and cost of litigation.        

3.         Counsel for OP appeared and filed an application under Order VII Rule 11 which was dismissed due to non presence of OP.  No written statement has been filed on behalf of OP and their right to file the same was closed.  .

4.         In support of her 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 letter dated 14.04.2008 (Ex. CW-1/1), copy of letter, postal receipt and undelivered envelop (Ex. CW-1/2, 1/3 and 1/4) and copy of letter duly acknowledged dated 17.12.2015 (Ex. CW-1/5), copy of letter dated 25.04.2016 (Ex. CW-1/6), original speed post receipt (Ex. CW-1/7) and copy of complaint (Ex. CW-1/8).    

            M/s. Octagon Builders & Promoters (P) Ltd. (OP) has not filed any evidence.

5.         We have heard Ld. Counsel for complainant and have perused the material placed on record.  From the documents got exhibited in the testimony of the complainant such as Ex.CW-1/2 and the documents placed on record of Punjab National bank which states that an amount of Rs. 31,500/- vide cheque no. 776268 dated 31.12.2006 and Rs. 47,250/- vide cheque no. 776274 dated 30.04.2007 making a total of Rs. 78,750/- have been paid to M/s. Octagon Builders & Promoters (P) Ltd. (OP).  Ex.CW-1/2 also show that inspite of payment made, the complainant have not been given allotment and she was compelled to made a request for cancellation and refund of the amount. 

            Further, Ex.CW-1/5 also show that she has made a request for refund in the year 2015.  The fact that the complainant have booked the plot got cancelled and made a request for refund which has not been acceeded by OP.  Non refunding of the amount which have been due to delay in allotment, certainly amounts to deficiency in service as well as causing mental pain and suffering to the complainant. 

            Therefore, it is ordered that M/s. Octagon Builders & Promoters (P) Ltd. (OP) shall refund the deposited amount of Rs. 78,750/- alongwith 9% interest from the date of deposit.  We further award compensation for an amount of Rs. 10,000/- 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. 10,000/- 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.

 

 

 

 

(HARPREET KAUR CHARYA)                                          (SUKHDEV SINGH)

       Member                                                                                President