Delhi

East Delhi

CC/808/2014

KRISHAN KR - Complainant(s)

Versus

SEGURO BUILD TECH - Opp.Party(s)

25 Sep 2014

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 808/14

 

Shri Krishan Kumar Pahuja

S/o Late Shri M.D. Pahuja

R/o Flat 8G, Plot No. 10

Deepa Apartments, Inderprasth Extension

Delhi – 110 092                                                                           ….Complainant

 

Vs.

 

1. Shri Manoj Sharma

Director of M/s. Seguro Buildtech Pvt. Ltd.

505, 5^th Floor, DDA Building No. 5

District  Centre Janakpuri

New Delhi – 110 058

 

2. Shri Raman Kapoor

S/o Shri S.S. Kapoor

Proprietor of M/s. Lokesh Developers & Promoters

R/o 40, 1^st Floor, Raja Garden

New Delhi – 110 015                                                                        ….Opponents

 

Date of Institution: 07.10.2014

Judgment Reserved on:25.11.2016

Judgment Passed on: 06.12.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Shri Sukhdev Singh (President)

 

 

JUDGEMENT

The complainant Shri Krishan Kumar Pahuja has filed a complaint under Section 12 of the Consumer Protection Act against Shri Manoj Sharma, Director of M/s. Seguro Build Tech Pvt. Ltd.(OP-1), Shri Raman Kapoor, Proprietor of M/s. Lokesh Developers (OP-2) and Shri Makkhan Lal Garg, Advocate (OP-3) for deficiency of services.  During the course of proceedings, complainant moved an application under Order 1, Rule 10(2) R/W Section 151 of CPC for adding Ms. Aprajita Pahuja as             co-complainant.  Further, he deleted Shri Makkhan Lal Garg (OP-3) from array of parties.  Thus, the complaint filed by Shri Krishan Kumar Pahuja and Ms. Aprajita Pahuja remained against Shri Manoj Sharma, Director of          M/s. Seguro Build Tech Pvt. Ltd.(OP-1), Shri Raman Kapoor, Proprietor of M/s. Lokesh Developers (OP-2).

2.        It has been stated in the complaint that on 09.03.2013, complainant agreed to have a plot at Vrindawan, Mathura, District UP in a project known as Dwarka City-2 and paid an amount of Rs. 4,00,000/- to Shri Manoj Sharma (OP-1) as earnest money of the plot @ Rs. 5,000/-  per sq. Yd, measuring 266 sq. yds vide cheque no. 581382 dated 09.03.2013 drawn on ICICI bank, Mandawali, Fazalpur, which was encashed by M/s. Seguro Build Tech Pvt. Ltd. 

Shri Manoj Sharma (OP-1), at the time of receiving the amount, assured that sale deed will be executed after carrying out the development of the land.  Receipt was executed by OP-1 for an amount of Rs. 4,00,000/-.  During the month of June, 2013, OPs sent e-stamp papers for executing the agreement.  In the month of June-July 2013, complainant asked OP-1 for execution of the sale deed, who took false excuses that OP-2 i.e. Mr. Raman Kapoor, who was to carry out the development of the land has not completed the same.  Later on, the complainant came to know that OP-2 have separated from OP-1.  He contacted OP-2 i.e. Mr. Raman Kapoor, who assured that he will take all the liability of OP-1 i.e. Mr. Manoj Sharma and his firm M/s. Seguro Build Tech Pvt. Ltd.  He was assured that his Rs. 4,00,000/- taken by OP-1 will be adjusted.  On assurance of OP-2 and his father, the complainant did not take any action against OP-1. 

It has further been stated that in the month of June, 2014,          Mr. Raman Kapoor (OP-2) again approached the complainant and asked for payment of Rs. 2,00,000/-, which the complainant paid through cheque no. 581387 dated 14.01.2014 drawn on ICICI bank, in the name of M/s. Lokesh Developers and Promoters.  The complainant was in the hope  that Shri Raman Kapoor (OP-2) will fulfil his commitment.  The complainant wrote a letter in the month of May 2-14 to OP-1 and OP-2.  Thus, it has been stated that OPs have misappropriated Rs. 6,00,000/- from the complainant for which they were guilty of deficiency of services and liable to pay damages to the complainant.  Hence, they have claimed an amount of Rs. 6,00,000/- alongwith interest; Rs. 35,000/- as litigation expenses and Rs. 1,00,000/- as damages.

4.        Notice was served upon the OPs, but they did not put the appearance, hence they were proceeded ex-parte.

5.        In support of its complaint, the complainant Shri Krishan Kumar Pahuja has examined himself, who has deposed on affidavit.  He has narrated the facts, which have been stated in the complaint.  He has also got exhibited documents, such as publication for sale of residential plots at Vrindavan, Mathura (Ex.PW-1/1), site plan (Ex.PW-1/2), receipt (Ex.PW-1/3), agreement (Ex.PW-1/4), bank receipt (Ex.PW-1/5), letter sent to Shri Manoj Sharma (OP-1) and Shri Raman Kapoor (OP-2)  (Ex.PW-1/6) and V7) respectively.

6.        We have heard Ld. Counsel for the complainants and have perused the material placed on record.  From the documents, got exhibited such as receipt (Ex.PW-1/3) and bank transaction receipt (Ex.PW-1/5) show an amount of Rs. 2,00,000/- paid to M/s. Lokesh Developers on 16.01.2014.  Further from Ex.PW-1/4, which is an agreement executed between M/s. Seguro Build Tech Pvt. Ltd. through Shri Manoj Sharma and Shri Rajesh Yadav with Ms. Aprajita Pahuja, daughter of Shri Krishan Kumar Pahuja, it is evident that agreement was entered by Ms. Aprajita Pahuja with Shri Manoj Sharma, Director of M/s. Seguro Build Tech Pvt. Ltd and the amount has been paid by                   co-complainant Shri Krishan Kumar Pahuja.  Since the complainants have not been given possession of the plot within the stipulated period, it amounts deficiency on the part of OPs.  Since, an amount of                   Rs. 2,00,000/- have been paid to M/s. Lokesh Developers, Shri Manoj Sharma, Director of M/s. Seguro Build Tech Pvt. Ltd and Shri Raman Kapoor, Proprietor of M/s. Lokesh Developers and Promoters are liable to refund the said amount. 

            The fact that complainants after parting an amount of                   Rs. 6,00,000/- for plot of land have failed to get the said plot since 2013, certainly, they have suffered mental pain and agony.  Therefore, it is ordered that an amount of Rs. 4,00,000/- be paid by Shri Manoj Sharma, Director of M/s. Seguro Build Tech Pvt. Ltd and an amount of                 Rs. 2,00,000/- by Shri Raman Kapoor, Proprietor of M/s. Lokesh Developers & Promoters Ltd. to the complainants.  Both of them are further directed to pay Rs. 50,000/- each towards compensation on account of mental pain and agony.  This amount will include cost of litigation.  The awarded amount with interest of 9% be paid within 30 days from the date of order till realisation.  If the said amount is not paid within the period of 30 days, the total amount of Rs. 7,00,000/- will carry 9% interest from the date of filing till its realisation.

            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