Delhi

West Delhi

CC/15/222

VED PRAKASH - Complainant(s)

Versus

SATISH KATARIA - Opp.Party(s)

17 Dec 2016

ORDER

 CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

 

                                                                                     Date of institution   : 08.04.15

 

Complaint Case. No.DF-III/222/2015                                                      Date of order : 17.12.16

In the matter of :-

Ved Prakash Nangia

S/o Shri Tulsi Das

R/o 2157/2, Shadikhampur,

West Patel Nagar,

New Delhi-110008                                                                                   Complainant

 

Vs.

Satish Kataria (Builder)

S/o Shri Atar Singh

R/o WZ-174, Khampur,

West Patel Nagar, New Delhi-110008                                              Opposite Party                             

 

  R.S. BAGRI, PRESIDENT

O R D E R     

Briefly facts of this Complaint as stated are that Ved Prakash Nangia herein complainant entered into an agreement with Satish Kataria herein OP on 19.6.13 as per terms and conditions of  agreement dated 19.6.13.  The OP was to complete the construction within one year i.e. by 18.6.14.   But the OP failed to complete the construction work by the date fixed 18.6.14.  Therefore, the complainant supplied interrogatories to the OP. The OP promised that the construction will be completed shortly. But he failed to fulfill his promise.  Lastly the complainant  on 18.3.15 sent a registered notice to the OP pointing out incomplete work and requested him to complete the remaining work

 

 

within one week from receipt of the notice.  But to no effect.  Hence the present complaint for directions to the OP to complete the remaining part of construction immediately and to pay Rs.10,000/- per floor per day for delayed work  and compensation of  Rs.5,00,000/- for mental pain, agony, sufferings and litigation expenses.

Notice of the complaint was sent to the OP.  But despite service OP did not appear. Therefore, the OP was proceeded exparte vide order dated 30.11.15. 

When the complainant was asked to lead exparte evidence, he submitted his affidavit dated 10.3.16.  Wherein he once again narrated the facts of the complaint.  The complainant  in support of his case also relied upon property development agreement dated 19.6.13 with annexure-A, interrogatories and notice dated 18.3.15. 

We have heard complainant in person and have gone through the material carefully and thoroughly. 

The version of the complainant has remained unrebutted and unchallenged.   Therefore, there is no reason to disbelieve the unrebutted and unchallenged evidence and version of the complainant .  The complainant  from the unrebutted and unchallenged version has been able to show that on 19.6.13 he entered into an agreement with OP for development/construction of property of the complainant .  The OP promised to complete the construction by 18.6.14.   But he failed to fulfill his promise.   The complainant  served interrogatories upon the OP.  The OP promised to fulfill the agreement by 5.7.14. But he again failed to fulfill the promise.  Therefore, the complainant  sent a legal notice to the OP.  The OP received the notice.  But did not send any reply. Hence there is unfair trade practice and deficiency in service on the part of  OP.

The complainant has suffered loss. He has also suffered mental pain, agony and sufferings on account of non completion of construction work in time as per the agreement dated 19.06.13. He is deprived of use of his property. It further reveals that there are penalty clauses in agreement dated

 

19.06.13. Therefore,we are of the opinion that the OP was to complete the construction work as per the agreement dated 19.6.13 and the complainant  is  entitled for compensation on account of mental pain, agony, suffering and litigation expenses.

            Therefore, we direct the OP to complete the remaining construction work of the complainant within 30 days from receipt of this order as per the agreement dated 19.06.13 to the satisfaction of the complainant and pay a compensation  of Rs. 1,00,000/- (One lakh) on account of compensation for delayed construction, mental and physical pain, agony and sufferings.   

 

Order pronounced on   :

 

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• File be  consigned to record.

 

 

 

 

(PUNEET LAMBA)                               (URMILA GUPTA)                   ( R.S.  BAGRI )

  MEMBER                                            MEMBER                               PRESIDENT