| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II Udyog Sadan, C-22 & 23, Qutub Institutional Area (Behind Qutub Hotel), New Delhi- 110016 Case No. 369/2017 Ms. Pushpa Rani C-199 Sarvodaya Enclave New Delhi-17 ….Complainant Versus - M/s OLYMPUS MULTITRADE PRIVATE LIMITED
A-43 Khanpur extension Devli road New Delh-110062 - Mr. Dharmendra Singh Director
A-43 Khanpur extension Devli road New Delh-110062 - Mr. Devender Kumar Director
A-43 Khanpur extension Devli road New Delh-110062 ….Opposite Party Date of Institution : 17.10.2017 Date of Order : 30.01.2023 Coram: Ms. Monika A Srivastava, President Ms. Kiran Kaushal, Member Sh. U.K. Tyagi, Member ORDER Member: Sh. U.K. Tyagi - Complainant has made a request for directing M/s Olympus Multitrade Pvt Ltd., Dharmendra Singh & Devender Kumar (hereinafter referred as to as OP-1, OP-2 & OP-3 respectively) (i) to refund entire paid amount by the Complainant alongwith interest @24% p.a; (ii) to pay compensation of Rs.50,000/- towards harassment, mental agony etc and (iii) to pay litigation charges of Rs.5000/-.
- Brief facts of the case are as under:-
The Complainant booked flat with OPs in their Housing Complex named under Scheme “AAVASIYA BHU-KHAND YOJNA” at Chaata, Mathura, U.P. The OP-1 is closely held company. Mr. Sanjay Shukla, representative of OP-1 approached Complainant to buy a plot admeasuring 80 Sq yds under the above mentioned scheme. It was assured that after making initial payment of Rs.50,000/- the allottee/complainant shall be provided plot of 80 sq yds at above site. The Olympus Multitrade Pvt Ltd. was the owner of land measuring 10 acres comprised in Khasra No.138, 139, 107, 103 & 122 situated in revenue estate of village Jav, Tehsil Chhata, distt. Mathura, UP. Total consideration of said plot would be Rs.2,88,000/- and balance amount i.e Rs.2,38,000/- shall be paid by Complainant in 36 equated monthly instalments of Rs. 6,611/- per month. The physical possession of the said plot shall be handed over at the time of final payment and the requisite document would be executed in favour of Complainant. As per Agreement to Sale dated 19.02.2014, the OPs shall be liable to develop the road, conduct, lay wire & lines & electricity poles at their own cost. It is exhibited at Annexure 4. - The Complainant made initial payment of Rs.67,000/- vide Cheque No.001233 ( vide receipt No.5721 dated 08.12.2014 for Rs.67,000/-) is enclosed at Annexure-2.
The following payments were made by the Complainant:- Receipt No. | Date | Amount (Rs) | 41540 | 28/07/2014 | 13,222/- | 44741 | 07/09/2014 | 13,300/- | 59286 | 05/04/2014 | 10,000/- | 62827 | 31/05/2015 | 30,000/- | 64676 | 28/06/2015 | 32,800/- | 67211 | 02/08/2015 | 38,700/- | | Plus Initial Booking | 51,000/- | | Total Amount paid | 189,022/- |
- Total payment made was Rs. 189,022/- OP-2 is executants of Agreement to Sale. It was assured that the development work shall be done by 31.06.2016. But when, the complainant visited the site, no work was found going at site. She was again assured that work shall be completed latest by December, 2016. In December, 2016 the Complainant visited the office of OP-2 at 226, 2nd Floor, Vardhman Mall, Badkal Chowk, Faridabad and met OP-2. The Complainant again visited the office on 27.05.2017 and met Sh. Sanjay Shukla. He advised to seek refund and wrote letter to this effect.
- The Complainant wrote letter for seeking refund of Rs.189,022/- on 27.05.2017 and same was handed over to Sh. Sanjay Shukla (copy of the same is enclosed as Annexure-6.) He assured that the payment shall be made in 15 days.
- It appears that the Directors of the said Company are trying to run away with the said hard earned money of the buyers and the office of company is also closed now where she used to visit. The complainant maintained that the conduct of the OPs amounts to unfair trade practice as defined under the provisions of Consumer Protection Act.
- The OPs were served notices by this forum on 18.01.2018. None was present even on the subsequent dates i.e 23.02.2018 and 04.04.2018. The OPs were proceeded exparte vide order of this forum dated 04.04.2018. The complainant filed its exparte affidavit in evidence and written submission.
- This Commission has gone into entire material placed on record. The Complainant has filed the complaint within prescribed period. The complainant booked the flat with the OPs.
- It is also noticed that the Complainant had made the amount of Rs.189,022/- at different dates either in cash or cheque as per details shown above. The OPs had duly acknowledged these payments. However, the physical possession of the flat was not provided.
- The Complainant has made request for refunding the sum of Rs.189,022/- on 25.05.2017. Copy of the same was given to Sh. Sanjay Sharma. There is no rebuttal from the end of OPs. Hence it is considered that the complainant has made the request for refund which establishes that the cause of action has arisen in favour of complainant. The Complaint has been filed in this forum on 17.10.2017 vide CC No.369/17. It is evident from the above that the complaint is within the prescribed time. The issue of territorial jurisdiction had been dealt with by this Hon’ble Forum vide its order dated 06.11.2017. Since the OPs are exparte, hence, it remains unchallenged.
- In view of the above discussion, facts and circumstances in the case, this Commission is of the considered opinion that the OPs are squarely liable for a deficiency in service and short of obligation. Therefore, OPs are directed to refund the said amount of Rs.189,022/- alongwith interest @6% p.a from 27.05.2017 when the request for refund was made within 03 months from receipt of this order failing which the rate of interest shall be levied @ 9% p.a till its realization.
File be consigned to the record room and order be uploaded on the website. | |
