Delhi

North

CC/295/2022

ZAMEER AHMED & ANR - Complainant(s)

Versus

SAVYASACHI INFRASTRUCTURE PVT LTD - Opp.Party(s)

27 Mar 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: 295/2022

IN THE MATTER OF:

 

1.     Zameer Ahmed

               S/o Late Zaki Ahmed

2.     Aisha

              W/o Sh. Zameer Ahmed

              Both R/o H. NO.1110,

              Mohalla Kishanganj

             Teliwara, Delhi-110006              …                                            Complainants

 

Vs

 

     Savyasachi Infrastructure Pvt. Ltd.

      Through its Managing Director/ Director,

            Shri Vijay Rajan

            Savyasachi Infrastructure Pvt. Ltd.,

            251-252, Spazedge Building,Tower B,

             Sector 47, Sohna Road,

            Gurugram-122001                                                …                                Opposite Party

 

CORRIGENDUM

27/03/2024

Ashwani Kumar Mehta, Member:-

 

1.       This Commission had passed order in the above titled complaint case by mentioning the date of order as 25/02/2024 inadvertently whereas the correct date of order was 26/02/2024. Since the above inadvertent error has been noticed today, the corrigendum in this regard is being issued with the stipulation that the date of order in this case be read as 26/02/2024 instead of 25/02/2024 for all purposes.

2.       Rest of the contents of the order shall remain unchanged.

3.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

                   ASHWANI KUMAR MEHTA                                                             HARPREET KAUR CHARYA

                                   Member                                                                                               Member      

                       DCDRC-1 (North)                                                                                     DCDRC-1 (North)

                                             DIVYA JYOTI JAIPURIAR

                                              President 

                            DCDRC-1 (North)              

 

 

 

 

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: 295/2022

IN THE MATTER OF:

 

3.     Zameer Ahmed

             S/o Late Zaki Ahmed

4.     Aisha

              W/o Sh. Zameer Ahmed

              Both R/o H. NO.1110,

              Mohalla Kishanganj

             Teliwara, Delhi-110006                   …                                    Complainants

 

Vs

 

     Savyasachi Infrastructure Pvt. Ltd.

      Through its Managing Director/ Director,

          Shri Vijay Rajan

          Savyasachi Infrastructure Pvt. Ltd.,

          251-252, Spazedge Building,Tower B,

          Sector 47, Sohna Road,

          Gurugram-122001                              …                          Opposite Party

 

ORDER

25/02/2024

 

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the complainants have applied for the allotment of a residential plot admeasuring 108.42 sq. yards in abovementioned project of the opposite party @ Rs.15,000/- per Sq. yards and paid Rs. 2,00,000/- to the opposite party on 23.10.2019 at the time of booking the plot vide cheque no. 000088 drawn on Punjab and Sindh Bank. The complainants had further paid Rs. 11,10,040/- on 02.12.2019 by NEFT, totalling Rs. 13,10,040/-as 80% of the cost of the said plot. The complainants had allotted Plot No. C-115 Sector 3, Farrukh Nagar, District Gurugram, Haryana. The receipt dated 12.11.2019 of booking amount has been annexed with the complaint as Annexure- C2.

 

2.       It has further been stated that it was agreed that 80% of cost of the plot would be payable by the complainants within one month from the date of booking of plot and the balance 20% was payable by the complainants at the time of offer the possession. After the payment of 80% of the cost of plot and allotment of the plot, an MOU dated 02.12.2019 was signed between the complainants and Opposite party. According to MOU, it was agreed that the Possession of the Plot shall be offered by the opposite Party within twelve months from the date of booking. The copy of MOU dated 02.12.2019 has also been annexed with the complaint as Annexure-C3. That the opposite party had also agreed in MOU dated 02.12.2019 to pay Rs. 13,104/- to the complainants till the handing over the actual physical possession of the plot. The said term of MOU dated 02.12.2019 was amended vide Addendum dated 12.06.2020 and it was further agreed by the opposite party that the opposite party shall pay Rs.19,600/- per month w.e.f. March 2020 instead of Rs.13,104/- per month. The opposite party had issued credit notes in favour of complainants on time to time. The copy of Addendum dated 12.06.2020 is has been annexed with the complaint as Annexure C4. The copy of some credit notes issued by the opposite party are has been annexed with the complaint as Annexure-C5.

 

3.       It has also been stated that it was also agreed and assured by the opposite party that it shall offer by back of the allotted plot at the basic sale price of Rs. 17,000/- at the time of offer the possession. The promise that either plot will be allotted to the complainant at settled rate or the opposite party will buyback or return the invested money with profit as agreed. The complainants had opted for surrender of the plot and asked to the opposite party for bay back the said plot at agreed rate. The opposite party had issued credit notes and on time to time in favour of complainants and an amount of Rs.17,03,760/-has become due upon the opposite party upto 28.02.2022 after exercising of right of refusal by the complainants which was agreed by the opposite party. Thereafter, the opposite party had agreed to return the entire amount with all benefits as agreed. The opposite party no.2 had issued and handed over cheque bearing Cheque No.495921 for an amount of Rs.5,00,000/- (Rupees Five Lakhs Only), dated 08.02.2022, in favour of the complainant no.1, drawn on YES Bank, branch Ground Floor, Unit No.004, Unitech Trade Center, Sushant Lok 1, Gurgaon- 122001 to discharge its part legal liability towards the complainants, out of total amount of Rs. 17,03,760/-(Rupees Seventeen Lakhs Three Thousand Seven Hundred Sixty Only) and also assured that the same would be encased upon its presentation. The copy of the cheque bearing No. 495921 is has been annexed with the complaint as Annexure-C6.

 

4.       It has further been alleged that said cheque was not honoured by the OP and returned by the Banker of the complainant on 10.02.2022 alongwith advice/cheque return memo with report "Funds Insufficient". A copy of return memo dated 10.02.2022 has been annexed with the complaint as Annexure-C7. The complainant apprised to the opposite party the reason of the dishonour of the abovesaid cheque and the opposite party has given assurance to the complainants to present the said cheque again for encashment and accordingly, the complainant presented the above said cheque again for encashment but again the said cheque was returned dishonoured to the complainant with the remark "Funds Insufficient" vide return memo report dated 19.03.2022/SMS dated 20.03.2022. The copy of return memo dated 19.03.2022 has been annexed with the complaint as Annexure-C8. Thereafter, the complainant sent a demand notice dated 21.03.2022 under Section 138 of the Negotiable Instruments Act, 1881 vide Speed Post which was duly served upon the opposite party but the opposite party neither replied the said notice nor paid the dishonoured cheque amount till date. Thereafter, complainant has also filed complaint under section 138 NI Act which pending in Tis Hazari Court. The copy of notice dated 21.03.2022 has been annexed with the complaint as Annexure-C9. The complainant has also filed this complaint before this Hon’ble Commission praying to:-

 

(a) Pass an order declaring the Opposite Party guilty of deficiency in services and also guilty of Unfair/ Restrictive Trade Practices.; and,

(b) Direct the Opposite Party to refund entire paid amount of alongwith its agreed benefits Rs. 17,03,760/- (Rupees Seventeen Lakhs Three Thousand Seven Hundred Sixty Only) with future interest @ 18% p.a. to the Complainants; and,

(c) Direct the Opposite Party to pay the compensation at the rate of Rs. 1,00,000/-(Rupees One Lacs Only) to Complainant towards mental stress, agony and harassment; and,

(d) Direct Opposite Party to pay the cost of litigation amounting to Rs. 1,00,000/- (Rupees One Lacs Only) to all the abovenamed Complainant; and,

(e) Pass any other order(s) or direction(s) as this Hon'ble Commission deems fit and proper in the facts and circumstances of this case.

 

5.       Accordingly, notice was issued to the OP to defend the complaint before the commission but the OP neither appeared nor did send any communication despite service of the notice. Since the OP has chosen not to contest the allegations levelled in the complaint despite service and has been proceeded Ex-parte

6.       The complainants have filed evidence by way of affidavit and have also filed written arguments in support of the allegations levelled in the complaint.    Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OP has chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service, unfair trade practice and harassment to the complainants by the OP.

7.       In view of the above observations, we are of the considered view that the complainant has suffered directly due to deficient service and unfair trade practice on the part of the OP in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. Therefore, we feel appropriate to direct the OP to:-

(a) Pay Rs.500000/- (Rs. Five Lakhs only) to the complainants within 30 days from the date of receipt of this order with interest @9% per year from 08-02-2022 to till the date of payment;

(b) pay the balance agreed amount Rs.1203760/- (Rs.1703760/- minus Rs.500000/-) (Rs. Twelve Lakh three Thousand Seven Hundred Sixty only) within 30 days from the date of receipt of this order to the complainants with interest @9% per year from 28-02-2022 to till the date of payment;

(c)  pay the compensation of Rs.1,00,000/-(Rupees One Lakhs Only) for causing mental pain, agony and harassment to the complainants.

 

8.       It is clarified that the aforesaid amount shall be paid by the OP within 30 days from the date of receipt of this order failing which the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

9.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

                            ASHWANI KUMAR MEHTA                                              HARPREET KAUR CHARYA

                                            Member                                                                                       Member      

                                    DCDRC-1 (North)                                                                       DCDRC-1 (North)

 

                                                 DIVYA JYOTI JAIPURIAR

                                                     President 

                                  DCDRC-1 (North)