Delhi

East Delhi

CC/263/2015

MANOJ - Complainant(s)

Versus

SHOURYA PURAM - Opp.Party(s)

31 Jul 2017

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. 263/15

 

Shri Manoj Chauhan

F/176, 3^rd Floor,Sector-3

Vaishali, Ghaziabad, UP                                                               ….Complainant

Vs.

M/s. Shouryapuram –STPL

78-B, Pocket-D2, DDA Janta Flats

Kondli-Gharoli, Mayur Vihar Phase-III

Delhi – 110 096                                                                                    ….Opponent

 

Date of Institution: 05.05.2015

Judgment Reserved on: 31.07.2017

Judgment Passed on: 31.07.2017

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 Manoj Chauhan against           M/s. Shouryapuram (OP), praying for refund of booking amount of       Rs. 3,27,200/-, Rs. 1,00,000/- as compensation on account of loss of peace and mental agony and cost of complaint. 

2.        Facts in brief are that the complainant with his wife booked a flat No. D/30, SF, 1 BHK with OP in his project “Souyryapuram”, situated at NH-24, Ghaziabad, UP in August 2014.  He paid a sum of Rs. 3,27,200/- to OP by way of cheques and cash vide receipts no. 11127, 11142, 11141 and 11157 within 2 months of booking. 

            In the month of October 2014, the complainant came to know by the new brochure that the construction plan was changed.  He was not interested in the new construction plan so he sent a mail to OP on 14.10.2014 for the cancellation of his booking, but nothing was done.  On 15.11.2014, OP sent a Builder Buyer Agreement for the signatures of the complainant alongwith loan application form from Fun N Food Private Limited because the said project was not approved by any government bank. 

            The complainant visited to the office of OP on 01.12.2014 and gave a written application for the cancellation of booking and refunds.  After repeated requests and reminder, the complaint had not received any satisfactory response/refund from OP.  Hence, he has prayed for direction to OP to refund the booking amount of Rs. 3,27,200/-;             Rs. 1,00,000/- compensation towards loss of peace and mental agony and cost of complaint. 

3.        Notice of the complaint was given to OP.  They were served, but they did not put the appearance.  Thus, they were proceeded ex-parte. 

4.        Complainant filed ex-parte evidence by way of affidavit and deposed the facts made in the complaint. 

5.         We have heard Ld. Counsel for the parties and have perused the material placed on record.  During the course of arguments, counsel for OP have stated that they were willing to handover the flat to the complainant after completing all the formalities, however, counsel for the complainant did not accept the offer and stated that the complainant was interested in refund of the booking amount.  From the evidence on record, it is evident that the complainant have paid an amount of Rs. 3,27,200/- as is evident from the receipts, placed on record.  The fact that the complainant have paid an amount of               Rs. 3,27,200/- and was not willing to have the flat, which was offered by OP and the complainant himself have got cancelled the booking, the amount paid by the complainant have to be paid by OP.  When the complainant have himself got the flat cancelled, though, OP have been willing to handover the possession, certainly, the complainant was not entitled for the amount of compensation prayed for.  

            In view of the above, we direct M/s. Shouryapuram (OP) to pay an amount of Rs. 3,27,200/- to the complainant with 9% interest from the date of filing the complaint.  This order be complied within a period of 45 days.

            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