Delhi

East Delhi

CC/732/2013

SHYAM SINGH - Complainant(s)

Versus

SAGWAN HEIGHTS - Opp.Party(s)

19 Jul 2017

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.  732/13

 

Shri Shyam Singh

S/o Shri Chhote Singh

Quarter No. 499, Sector-D

Mandir Marg, Gole Market

New Delhi – 110 001                                                    ….Complainant

 

Vs.

 

1. M/s. Sagwan Heights Pvt. Ltd.

102, First Floor, L.S.C. Ghazipur

Delhi – 110 092                                                               ….Opponent

 

Date of Institution: 10.09.2013

Judgment Reserved on: 19.07.2017

Judgment Passed on: 24.07.2017

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 Shyam Singh against M/s. Sagwan Heights Pvt. Ltd. (OP-1), Shri Rajeev Gupta (OP-2) and Shri Anuj Jain (OP-3) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant booked a plot of land measuring 150 Sq. Yards (approx) @ Rs. 6525/- per Sq. yard in his name at Raj Nagar Extension, District Ghaziabad.  He deposited a total amount of Rs. 2,97,875/- as per details:-

Receipt No./Date	Cheque No./Date	Name of the Bank	Amount(Rs.)
152 dated 27.12.06	805951 dated 27.12.06	State Bank of India	10,000/-
233 dated 24.03.07	342084 dated 19.02.07	Bank of Baroda	1,90,000/-
371 dated 29.05.07	805952 dated 09.05.07	State Bank of India	97,875/-
		Total	2,97,875/-

 

They promised the plot to be given within a period of two years i.e. by the end of December 2008.  When they failed to allot/give possession, the complainant approached them and was assured for possession.  However, later on, the complainant came to know that they were not having necessary approvals and sanctions.  The complainant got his plot cancelled on the suggestion of OPs and through his letter of dated 12.12.2009, he completed all the formalities and made a request for cancellation and refund. 

          His request was accepted and OPs sent two cheques no. 744577 and 744578 dated 20.09.2010 for an amount of                  Rs. 2,97,875/- and Rs. 72,405/- respectively, which were dishonoured on presentation, citing the reason “Payment stopped by the drawer”.  They issued fresh cheques no. 858631 and 858632 dated 28.05.11 and 30.05.11 for an amount of Rs. 2,97,875/- and Rs. 88,930/- respectively, in lieu of the dishonoured cheque.  Again, these were dishonoured stating the reason “Account closed”.  They again issued fresh cheques no. 024769, 024770 and 024771 dated 26.06.12, 26.07.12 and 26.08.12 for an amount of Rs. 2,00,000/-, Rs. 97,875/- and Rs. 1,08,515/- respectively, which were also dishonoured stating “Account blocked”.  

          The complainant sent a letter of dated 07.06.2013 seeking refund.  The letter came back with the postal remark “Unclaimed”.  Thus, the complainant have prayed for refund of principal amount of Rs. 2,97,875/-, Rs. 1,20,575/- towards interest upto 26.06.2012, admitted by OP, Rs. 58,583/- towards interest w.e.f. 26.06.2012 to 26.08.2013, compensation of Rs. 2,00,000/- on account of mental and physical harassment and Rs. 25,000/- as litigation cost, making a total of Rs. 7,02,033/- with 12% interest. 

3.       In the WS, filed on behalf of Shreya Developwell Pvt. Ltd. (OP), they have taken various pleas such as territorial jurisdiction as the cause of action has arisen at Noida, Ghaziabad and the case was barred by limitation also.  They have also denied other pleas.

4.       In the rejoinder and evidence, the complainant have reasserted his pleas.  He has also exhibited documents such as copy of receipts of deposited amount (Annexure-1), copy of cancellation letter dated 12.12.09 (Annexure-2), copy of cheques alongwith cheque returning memos (Annexure-3, 4 and 5 colly.) and copy of letter dated 07.06.2013 (Annexure-6).

          No evidence has been filed on behalf of OP.  During the course of proceedings, the complainant moved an application for substituting the name of M/s. Sagwan Heights Pvt. Ltd. in place of M/s. Shreya Developwell Pvt. Ltd. as they have changed the name of the company.  This application was allowed and amended memo of parties was taken on record.  Though, the complainant have impleaded directors of the company also, but the fact that              M/s. Sagwan Heights Pvt. Ltd. is a legal entity, there was no necessity to have their directors impleaded as one of the parties.  Thus, their names stands deleted from array of parties.  Only M/s. Sagwan Heights Pvt. Ltd. will be treated as OP.

5.       We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the testimony of the complainant and the documents placed on record, it is evident that the complainant booked a plot with M/s. Shreya Developwell Pvt. Ld. and made the payment from time to time.  Further, from the evidence on record, it is noticed that the complainant got the plot cancelled on his own and made a request for refund of Rs. 2,97,875/- vide letter dated 12.12.2009.

          Further, the evidence on record also shows that though the OP have sent the amount through cheques, but the amount under these cheques have not been paid due to account blocked.  The fact that complainant have not received the amount against the cheques issued by OP which got dishonoured, certainly, the complainant have suffered mental pain and agony.  Though, the complainant have himself got the plot cancelled, and made request for refund of the amount, but the fact that the complainant have not received the amount and cheques have been issued by Shreya Developwell Pvt. Ltd. which got dishonoured due to account blocked, the complainant is entitled for the amount alongwith compensation on account of mental pain and agony.

          In view of the above, we order that M/s. Sagwan Heights Pvt. Ltd. shall pay an amount of Rs. 2,97,875/- with interest @ 9% from January 2012.  Further, compensation for an amount of Rs. 40,000/- on account of mental pain and suffering which includes the cost of litigation also.          

          This order be complied within a period of 45 days. If not complied, the amount of compensation shall also carry interest         @ 9% p.a. 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