Delhi

East Delhi

CC/891/2015

STAR ASSOCIATES - Complainant(s)

Versus

OCTAGON BUILDERS - Opp.Party(s)

29 May 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. 891/15

 

Star Associates

Through its Proprietor

Shri Mahesh Kumar, S/o Shri Chaman Lal

R/o B-37, 1^st Floor, New Multan Nagar

New Delhi – 110 056                                                   ….Complainant

 

Vs.    

 

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

Through its Managing Director

Office cum Resi: 78, Hargobind Enclave

Delhi – 110 092

Also at:

H-218, Sector-63

Noida, UP – 201 301                                                       …Opponent

 

Date of Institution: 27.11.2015

Judgement Reserved on: 29.05.2018

Judgement Passed on: 31.05.2018

 

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 Star Associates through its proprietor Shri Mahesh Kumar against M/s. Octagon Builders & Promoters Pvt. 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 Star Associates booked a plot of 240 sq. yards @ Rs. 3,990/- per sq. yd. with M/s. Octagon Builders & Promoters Pvt. Ltd. (OP), having customer code SCH/B/166 & paid the booking amount of Rs. 75,000/- in cash on 31.01.2007 vide receipt no. 10040 dated 31.01.2007.  It was assured that OP will hand over the possession of plot within a period of 3 years i.e. on or before 30.01.2010. 

            It was stated that complainant paid an installment of Rs. 1,43,640/- in cash vide receipt no. 12550 dated 06.08.2007 making a total of            Rs. 2,18,640/-. 

            On enquiry, complainant came to know that OP was not having necessary land to raise the said project.  OP also failed to show the sanctions and approvals of the project. Hence, the complainant asked for refund of money, but instead of complying, OP issued a demand of         Rs. 7,38,960/- vide their letter dated 26.05.2015.  Thereafter, complainant sent an email on 30.06.2015 with regard to the demand letter which was never replied.

            Complainant sent a legal notice on 28.09.2015 which was also not replied.  Thus, it has been stated that complainant has suffered mental agony, pain and suffering due to the misrepresentation and wrongful inducement on the part of OP.  Hence, the complainant has prayed for directions to OP to refund the deposited amount of Rs. 2,18,640/- with 18% interest and Rs. 1,00,000/- compensation on account of mental agony, and pain and litigation cost also.        

3.         M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) did not appear inspite of service; hence they were proceeded ex-parte.  During the course of proceedings, an application under Order VII, Rule 11 of CPC was moved on behalf of M/s. Octagon Builders & Promoters Pvt. Ltd. (OP).  After moving the application, they did not put the appearance.  Since they did not appear on subsequent dates, the application was dismissed.

4.         The complainant has filed evidence by way of affidavit where he has examined Shri Mahesh Kumar, proprietor of OP.  He has narrated the facts which have been stated in the complaint.   He has got exhibited documents such as copy of receipt no. 10040 dated 31.01.2007 (Annexure-A), copy of receipt no. 12550 dated 06.08.2007 (Annexure-B), copy of demand letter dated 26.05.2015 (Annexure-C), copy of email (Annexure-D), copy of legal notice (Annexure-E) and its postal receipt (Annexure-F).

5.         We have heard the complainant and have perused the material placed on record as none has appeared on behalf of OP.  From perusal of the documents on record such as payment receipts which are of dated 31.01.2007 and 06.08.2007, it is evident that the complainant have paid a total amount of Rs. 2,18,640/-.  Though the complainant have placed on record a copy of the letter written by M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) which is of dated 26.05.2015 where the demand of outstanding amount has been made, but the fact that the demand has been made after a period of 8 years and the possession has not been delivered during this period from 2007 to 2015, this letter has no relevance at all. 

            By not delivering the possession within the reasonable period, this delay has caused mental pain and suffering for which the complainant has to be compensated.  Since the testimony of the complainant have gone unrebutted, the version given by the complainant has to be accepted.  Therefore, we order that M/s. Octagon Builders & Promoters Pvt. Ltd. (OP) shall refund an amount of Rs. 2,18,640/- to the complainant with 9% interest from January, 2010.  We further award compensation for an amount of Rs. 15,000/- towards mental pain and harassment. 

            This order be complied within a period of 45 days, if not complied, the amount of compensation of Rs. 15,000/- 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