Delhi

East Delhi

CC/354/2016

ASHISH MEHTA - Complainant(s)

Versus

SHIV DHARA - Opp.Party(s)

05 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.  354/16

 

1. Shri Ashish Mehta

S/o Shri D.K. Mehta

R/o 159, Engineer Estate

Plot No. 21, Patparganj

Delhi – 110 092

 

2. Ms. Pooja Mehta

D/o Shri D.K. Mehta

R/o 159, Engineer Estate

Plot No. 21, Patparganj

Delhi – 110 092                                                          ….Complainants

 

Vs.

 

M/s. Shiv Dhara Infratech Pvt. Ltd.

Renamed as / Formerly Known

M/s. PDP Developers Pvt. Ltd.

Off.: UG-3, A-30, Ground Floor

Gali No. 1, Madhu Vihar,

Delhi – 110 092                                                                ….Opponent

 

 

Date of Institution: 17.08.2016

Judgment Reserved on: 05.07.2017

Judgment Passed on: 06.07.2017

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 Ashish Mehta and           Ms. Pooja Mehta (complainants) against M/s. Shiv Dhara Infratech Pvt. Ltd., formerly known as PDP Developers Pvt. Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 for unfair trade practices and deficiency in services. 

2.       The facts in brief are that the complainant booked a plot No.   E-023 measuring 200 sq. yards in the name of Shri Ashish Mehta and          Ms. Pooja Mehta in the Tonk Square Project on NH-12 Tehsil Niwai, Distt. Tonk, Rajasthan of M/s. Shiv Dhara Infratech Pvt. Ltd., formerly known as M/s. PDP Developers Pvt. Ltd., New Delhi.  The OP, vide their allotment letter no. PDP/TS/ALT/TS/0525 dated 27.08.2010 agreed to handover the possession of the developed plot by January, 2011.  However, having paid the entire amount, neither the OPs have executed the sale deed nor handed over the possession of the residential plot.  They have admitted of having received the payment by their letter of dated 02.01.2014.  Thus, it has been stated that despite the confirmation by the OPs about the receipt of entire consideration, they have failed to deliver the possession of the developed plot and execute the sale deed/agreement.  Their this act amounts to unfair trade practice as well as deficiency of service for which they were liable to pay the compensation beside the payment of principal amount with 18% interest. 

          It has also been stated that the complainant agreed to make the entire payment in 24 installments and OP agreed and issued letter of dated 08.09.2010 stating that if the payments of the installments were made without any delay then last 6 installments shall be waived off and only 18 installments were to be made.  Thus, the complainants have made the entire payments from time to time.  They have admitted this fact in their correspondence vide their letter of dated 02.01.2014.  A request was made by the complainant through its letter of dated 28.05.2012 for consolidated receipt/slip which they have sent the same.  They have informed the complainant for handing over the possession by 30.05.2013. 

           A legal notice of dated 27.12.2013 was served upon OPs, which they replied by making a demand of balance amount of         Rs. 47,816/-, which was a frivolous demand.

          It has further been stated that OP vide their letter of dated 02.01.2014 intimated that they will give possession of the developed plot by the year 2014, however, they have failed to deliver the possession as well as execute the registered sale deed/agreement.  The complainant again sent a notice of dated 17.03.2016 for possession of developed plot within one month.  Thus, the complainant have prayed for refund of Rs. 1,80,384/-, being the amount of 18 installments alongwith interest @ 18% p.a.  Further, compensation of Rs. 2,00,000/- on account of mental agony, harassment etc. alongwith cost of Rs. 2,00,000/- as litigation expenses.

3.       Notice of the complaint was given to OP.  They put the appearance through their Accounts Manager, however, during the course of proceedings, they did not appear and have been proceeded ex-parte. 

4.       In support of its case, the complainants have examined themselves.  Complainant Ashish Mehta has deposed on affidavit who has narrated the facts, which have been stated in the complaint.  He has also got exhibited documents such as letter/communication of dated 02.01.2014 and 27.08.2010 (Ex.CW1/1).  Letter of dated 08.09.2010 whereby payments was to be made in 24 installments and if the payment was to be made without any delay, then 6 installments shall be waived off and letter of dated 06.02.2012 sent by the complainant, which was duly acknowledged by OPs, these letters have been got exhibited as Ex.CW1/1A colly.  Other letters exchanged between the parties as Ex.CW1/2, Ex.CW1/3, Ex.CW1/4, Ex.CW1/5, legal notice (Ex.CW1/6), RTI filed by the complainant (Ex.CW1/7), complaint (Ex.CW1/8) and payment receipts (Ex.CW1/9). 

          Ms. Pooja Mehta has also deposed on affidavit.  She has also got exhibited documents which have already been exhibited in the testimony of complainant Ashish Mehta as Ex.CW1/1 to Ex.CW1/9.

5.       We have heard Ld. Counsel for the complainants and have perused the material placed on record.  From the perusal of the documents, it is noticed that the company M/s. PDP Developers Pvt. Ltd. got its name changed to Shiv Dhara Infratech Pvt. Ltd.  The documents further show that the complainant booked a plot with PDP Developers for which they made the payments of Rs. 1,80,384/- towards 18 installments.  The last installment has been paid on 07.02.2012.  Further, their letter of dated 02.01.2014, they have admitted that the complainants have made the entire payments and have waived the last 6 installments.  This letter further shows that M/s. PDP Developers Pvt. Ltd. has been renamed as Shiv Dhara Infratech Pvt. Ltd. and delay in handing over the possession was due to management problem. 

          Thus, from this, it is evident that the complainants have made the entire payment, but the company have failed to deliver the possession in time.  Delay in giving the possession to the complainant amounts to deficiency in service.  When the company have failed to deliver the possession in time on receiving the entire payment, certainly, the complainants have suffered mental pain and agony.  That being so, the complainants are entitled for their paid amount as well as compensation on account of mental pain and suffering.  Thus, it is ordered that M/s. Shiv Dhara Infratech Pvt. Ltd. shall refund an amount of Rs. 1,80,384/- alongwith interest @ 9% p.a. from January 2015.  They are further directed to pay the amount of Rs. 50,000/- towards compensation and Rs. 25,000/- towards cost of litigation. 

          This order be complied within a period of 60 days. If not complied, the amount of compensation and cost of litigation making a total of Rs. 75,000/- (Rs.50,000/- + Rs.25,000/-) 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