Delhi

StateCommission

CC/11/325

MANOJ KR. MOHANTY - Complainant(s)

Versus

SUPERTECH LTD. - Opp.Party(s)

25 Feb 2015

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Decision :  25.02.2015

Complaint Case No.325/2011

       

 

1. Smt. Manoj Mohanty

W/o Sh. Kalyan Mohanty

A/12, 5^th Floor

Lord Gunjan Apartments

Bomikhal, Rasulgarh

•  

Odisha                                                    Complainant No. 1

 

2. Sh. Kalyan Mohanty

A/12, 5^th Floor

Lord Gunjan Apartments

Bomikhal, Rasulgarh

•  

Odisha                                                    Complainant No. 2

                                                      

VERSUS

1. M/s Supertech Ltd.

114, Hemkunt Chambers

11.  

Nehru Place

New Delhi-110019                         Opposite Party No. 1

 

2. Sh. Ram Kishore Arora (CMD)

114, Hemkunt Chambers

11.  

Nehru Place

New Delhi-110019                         Opposite Party No. 2

 

3. Shristi Welfare Society

Community Centre

Bharti Nagar, Maharishi Raman Marg

New Delhi-110013                         Opposite Party No. 3

 

CORAM

N P Kaushik, Member (Judicial)

S C Jain, Member

1.     Whether reporters of local newspaper be allowed to see the judgment?

2.      To be referred to the reporter or not?

N P Kaushik, Member (Judicial)

 

Judgment

1.     The complainants Sh. Saroj Kumar Patnaik and Sh. Kalyan Mohanti booked a flat with the Supertech Ltd. (in short the OP) after paying an amount of Rs. 2 Lac on 14.05.2007. The flat in question was shown to be located in the project of the OP known as ‘Supertech Czar Suites’ situated at Greater Noida, (U.P). The total consideration of the flat was Rs. 74,96,350/-. Complainant paid an amount of Rs. 13,58,246/- to the OP uptil November 2007. As per letter of allotment the total price of the flat was to be paid by the complainant before 01.02.2009. After receiving the amount of Rs. 13,58,246/- from the complainant, OP informed the complainant that another flat bearing No. G-503 shall be allotted to them. The complainants did not receive any communication thereafter. The complainants vide their e-mail dt. 29.02.2008 called upon the OP to intimate to them the date of the handing over of the possession of the flat. They also asked the OP to inform them the payment schedule for the balance payment. Finally the complainants vide their e-mail dt. 05.05.2008 sent a reminder.  It was again not replied to. Submission of the complainants is that the various telephonic calls made to the OP thereafter also remained unanswered.
2.     Present complaint was filed by the complainants on 30.09.2011. Counsel for the OP Sh. Tanay Advocate put his appearance on 28.02.2012 and received a complete set of paper book. Ld. Counsel for the OP put his signatures on the order sheets of the judicial file in token of having received the paper book. The OP thereafter started absenting himself from the proceedings. One Sh. Sudhir Chopra AR of the OP put his appearance on 18.07.2013. Again OP started absenting himself. On 25.11.2013, Ld. Counsel for the OP Sh. Tanay Advocate appeared in the matter. So far the OP has not placed on record, his Written Version. No application for recalling the order proceeding against the OP ex-parte has been filed either before this Commission or the Hon’ble National Commission. It goes to show that the OP has simply been making attempts to delay the disposal of the case.
3.     In the absence of any defence from the side of the OP, we have no option but to believe the contention put forth by the complainants. The complainants got themselves registered with the OP for the allotment of the flat in the year 2007. An amount of Rs. 13,58,246/- stood paid by the complainants to the OP by way of cheques uptil 31.10.2007. The OP never gave any reply to any communication sent by the complainants. OP has been seeking hide and seek in the Court as well.
4.     A lot of water has flown down in the Ganges since the year 2007. Prices of real Estate have gone high. Cost of the construction also has gone high. Dream of the complainants of having their home is shattered. We, therefore, direct the OP to pay to the complainants as under:

1. pay an amount of Rs. 13,58,246/- along with interest @ 18% p.a. from the date of deposit till the date of its realisation.
2. pay to the complainants a compensation to the tune of Rs. 5 Lac for harassment, mental agony, anguish etc.
3. pay to the complainants litigation expenses to the tune of Rs. 1 Lac.

The abovesaid payments shall be made by the OP to the complainants within a period of thirty days from today failing which OP shall be liable to the pay an interest @ 24% on the amount accruing. Complaint is accordingly disposed of.

5.     Copy of the order be made available to the parties free of costs as per rules thereafter file be consigned to Records.

 

(N P KAUSHIK)

MEMBER (JUDICIAL)

 

 

(S C JAIN)
MEMBER

 

 

 

 

 

 

 

 

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