Delhi

East Delhi

CC/343/2014

SHASHI SHANKAR - Complainant(s)

Versus

OCTAGON BUILDERS - Opp.Party(s)

28 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.  343/14

 

Shri Shashi Shankar Misra

R/o 61, Venus Apartment

Inder Enclave, New Delhi                                            ….Complainant

 

Vs.

 

Octagon Builders & Promoters Pvt. Ltd.

Regd. Off.: 78, Hargobind enclave

Delhi – 110 092

 

Head Off.: H-218, Sector-23

Noida – 201 309, UP                                                          …Opponent

 

Date of Institution: 07.04.2014

Judgement Reserved on : 20.11.2017

Judgement Passed on: 21.11.2017

 

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 Shashi Shankar Misra against M/s. Octagon Builders & Promoters Pvt. Ltd. (OP), under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant booked one 120 sq. yds. plot at Har-Har Gange project of M/s. Octagon Builders and Promoters Pvt. Ltd. (OP), situated at Distt. Haridwar, Uttrakhand on 29.03.2013 and deposited the booking amount of Rs. 5,000/- vide cheque dated 29.03.2013. 

          The complainant received a letter dated 21.04.2013 from OP, according to which he was allotted plot no. 1084 of 120 sq. yds. in the draw held on 18.04.2013.  He received another letter dated nil, in which he was informed that plot no. 1084 is allotted at the price of   Rs. 8,100/- per sq. yards and the basic price of the plot is about 9,72,000/-. The complainant deposited the first installment of 15% as follows:

Cheque no.	Cheque date	Amount (Rs.)	Receipt no.
434981	11.05.2013	20,000.00	HHG310291  dt.  30.05.2013
434988	22.05.2013	1,15,800.00

 

          It was further stated that as the complainant was getting different version for making payments and was not satisfied with the reply, he wrote a letter dated 26.06.2013 to OP for withdrawal of his allotment and refund of his total amount of Rs. 1,40,800/-.  He sent two reminders dated 22.07.2013 and 01.09.2013, but no response was received. 

          The complainant did not get refund despite depositing original allotment letter, receipt, affidavit and an application on 03.10.2013 in the head office of OP.  The complainant sent a legal notice, but did not get any reply.   Hence, the complainant has prayed for directions to OP to refund the total amount of Rs. 1,40,800/- alongwith 18% interest from the date of taking the amount till realization; Rs. 50,000/- towards the financial loss, mental pain and agony and litigation expenses. 

3.       In reply, OP have stated that this Forum has no territorial jurisdiction as the alleged plot was booked in the office of OP at Noida and the land was situated at Haridwar. 

          It was further stated that the complainant opted for installment plan, but failed to arrange the amount of second installment and asked for refund.  OP was always ready to refund the amount to the complainant as per terms and conditions of the booking and was ready to register and handover the booked plot subject to depositing the balance amount of the land as per market rates.  Other facts have also been denied.    

4.       The complainant has filed rejoinder to the WS of OP, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its complaint, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts, which have been stated in the complaint.  He has relied upon the documents such as copy of receipt dated 29.03.2013 (Ex.CW1/A), copy of letters of allotment (Ex.CW1/B), copy of receipt dated 30.05.2013 (Ex.CW1/C), copy of letter dated 26.06.2013 and reminders dated 22.07.2013 and 01.09.2013 (Ex.CW1/D) (colly), copy of application and affidavit (Ex.CW1/E), copy of legal notice and postal receipt (Ex.CW1/F)(colly.), internet copy showing the receipt of legal notice at registered office (Ex.CW1/G), returned legal notice envelope sent at head office of OP (Ex.CW1/H) and copy of complaint (Ex.CW1/I).

          In defence, OP have examined Ms. Preeti Jain, Company Secretary of OP, who has also deposed on affidavit.  She has narrated the facts, which have been stated in the WS.  She has also got exhibited documents such as true copy of board resolution (Ex.RW-1/A) and copy of relevant documents (Ex.RW-1/B). 

5.       We have heard Ld. Counsel for complainant and have perused the material placed on record as OP did not appear to argue.  From the documents, placed on record, it is evident that the complainant have deposited an amount of Rs. 1,40,800/-.  It has further been noted from the WS, filed on behalf of OP that they were willing to refund the amount.  Though, they have raised various objections with regard to jurisdiction, but this objection cannot sustain as from the documents, placed on record, it is evident that OP have issued the documents from their Delhi office.  The fact that documents have been issued from Delhi office, the question of jurisdiction does not arise.  When M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) were willing to refund the amount and have failed to refund the same, the complainant is entitled for the amount deposited.  By not refunding the amount as well as delivering the possession within the stipulated time, the complainant have suffered mental pain and agony for which he has to be compensated.

In view of the above, it is ordered that M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) shall refund an amount of Rs.1,40,800/- alongwith 9% interest from the date of filing the complaint. They are further directed to pay an amount of Rs. 50,000/- towards compensation on account of mental pain and suffering, which includes the cost of litigation.

The order be complied within 45 days. If not complied, the awarded amount of Rs.50,000/- towards compensation will 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.

 

(HARPREET KAUR CHARYA)                                          (SUKHDEV SINGH)

Member                                                                                President