Delhi District Court
Sh. Pratap Sharma vs M/S. Arun Dev Builders Ltd on 11 November, 2016
IN THE COURT OF ADDITIONAL DISTRICT JUDGE
SHAHDARA DISTRICT, KARKARDOOMA COURTS: DELHI.
Presided by :SH. RAVINDER SINGH
Suit No. 1267/2016
Unique I.D. No. 02402C0202892015
1.Sh. Pratap Sharma S/o Sh. Kanahaiya Lal Sharma
2. Smt. Pushpa Sharma W/o Sh. Pratap Sharma Both R/o H. No. 520, Block 6, Gali no. 2, Vishwas Nagar, Shahdara, Delhi110032.
...............Plaintiffs Versus
1. M/s. Arun Dev Builders Ltd.
Through its director, Sh. Manoj Bhardwaj
2. Sh. Manoj Bhardwaj Sh. Ram Ratan Sharma, Director
3. Sh. Ramesh Chander Sharma, Director
4. Sh. Jagdish Chand S/o Sh. Lakhi Ram, Director All through Corporate Office, F89/11, Okhla Phase1, New Delhi110020.
............... Defendants
Date of Institution :05/06/2015
Order reserved on : 10/11/2016
Order passed on : 11/11/2016
Suit no. 1267/2016 Sh. Pratap Sharma and anr. V/s. M/s. Arun Dev Builders Ltd. and ors. Page no. 1 of 8
Suit for recovery of Rs.3,80,113/
JUDGMENT (Exparte)
1. Vide this judgment, I shall dispose of instant suit for recovery of Rs.3,80,113/ which has been filed by Sh. Pratap Sharma and Smt. Pushpa Sharma (hereinafter referred as plaintiffs no.1 and 2 respectively) against M/s. Arun Dev Builders Ltd. and its directors Sh. Manoj Bhardwaj, Sh. Ramesh Chander Sharma and Sh. Jagdish Chand (hereinafter referred as defendants no. 1 to 4 respectively).
2. The facts set out in plaint are that plaintiffs are husband and wife whereas defendants are engaged for development of residential and commercial plots under various schemes launched by them from time to time. Plaintiffs alleged that defendant launched a scheme for allotment of residential plots and flats know as "Dev City Bhiwadi" project Rajasthan and as such they booked a plot of land measuring 100 sq. yds vide application no. 67040 dated 22/07/2008 in "Future Township Project" "Dev City Bhiwadi" (Rajasthan) @ Rs.3,501/ per sq. yds. on installment basis. Suit no. 1267/2016 Sh. Pratap Sharma and anr. V/s. M/s. Arun Dev Builders Ltd. and ors. Page no. 2 of 8 Plaintiffs claimed that they have to pay the consideration amount in 83 monthly installment of Rs.3,000/ w.e.f. 22/07/2008 onward till June 2015 as per scheme. Plaintiffs alleged that the defendants confirmed recovery of amount of Rs.1,36,000/ vide letter dated 30/09/2009 and they allotted provisional plot no. ED470, 100 sq. yds. vide allotment letter dated 06/10/2009. Plaintiffs further alleged that they paid a sum of Rs.2,25,505/ to the defendants upto 03/07/2010 in advance so defendants issued confirmation receipt in their favour. Plaintiffs alleged that inspite of receiving amount of Rs.2,25,505/ for allotted plot as per agreement dated 22/07/2008, defendants did not show any sanctioned site plan of their said project by Rajasthan Government nor supplied any other information related to above project. They further alleged that defendants did not take any steps for execution of title documents in their favour and at every time they gave different type of assurance for waiting them for last six years. Plaintiffs alleged that in the month of December 2014 and February 2015, plaintiff no. 1 visited the site at "Dev City Bhiwadi Rajasthan" and found no such plot of land there as such defendants have no right to retain the amount Suit no. 1267/2016 Sh. Pratap Sharma and anr. V/s. M/s. Arun Dev Builders Ltd. and ors. Page no. 3 of 8 of Rs.2,25,505/ and therefore plaintiff called the defendants to return their aforesaid amount of Rs.2,25,505/ with interest @ 10% p.a. by serving legal notice dated 08/05/2015. Further plaintiffs claimed that inspite of service of their legal notice upon defendants, they failed to pay their amount, hence they filed instant suit for recovery of Rs.3,80,113/ which includes principal amount of Rs.2,25,505/ and Rs.1,54,608/ towards interest.
3. Summons of the suit was served upon all the defendants for their appearance on 17/11/2015. Inspite of service of summons, none has appeared for defendants either on 17/11/2015 or thereafter on 30/01/2016 hence they were proceeded exparte vide order dated 30/01/2016.
4. In support of their case, plaintiffs examined only one witness i.e. plaintiff no. 1 as PW1.
5. PW1 led his evidence on affidavit Ex. PW1/A. He generally deposed Suit no. 1267/2016 Sh. Pratap Sharma and anr. V/s. M/s. Arun Dev Builders Ltd. and ors. Page no. 4 of 8 on the same lines of plaint. PW1 deposed that defendants informed them about construction of project under progress vide letter dated 11/05/2009 as Ex. PW1/1, defendants acknowledged recovery of Rs.1,36,000/ vide letter dated 30/09/2009 as Ex. PW1/2, provisional allotment of plot ED470 of 100 sq. yds. vide letter dated 06/10/2009 as Ex. PW1/3, Receipt of payment dated 26/07/2008, 25/09/2008, 09/10/2009, 14/10/2009 & 23/07/2010 as Ex.PW1/4 to Ex.PW1/8 respectively, legal notice dated 08/05/2015 as Ex. PW1/9, postal receipts as Ex. PW1/10 to Ex. PW1/13, four returned envelops of registered post alongwith endorsement of postman on it as Ex. PW1/14 to Ex. PW1/21, schedule of payment as Ex. PW1/22, photocopy of application dated 22/07/2008 as Mark A, photocopy of cheque dated 26/07/2008 as Mark B, photocopy of cheque dated 06/10/2009 as Mark C.
6. I have heard the submissions of Ld. counsel for plaintiffs and perused the entire material available on record.
7. The testimony of PW1 is unchallenged and unrebutted to the effect Suit no. 1267/2016 Sh. Pratap Sharma and anr. V/s. M/s. Arun Dev Builders Ltd. and ors. Page no. 5 of 8 that he and plaintiff no. 2 are husband and wife and defendants are engaged in business of development of residential plots, commercial plots and built up houses under various schemes launched by them from time to time. PW 1 deposed that he and plaintiff no. 2 booked a plot of land measuring 100 sq. yds. in defendants "Dev City Bhiwadi" project Rajasthan @ Rs.3,501/ per sq. yds. PW1 deposed that they have to pay the amount in 83 installments w.e.f. 22/07/2008 till June 2015. PW1 deposited that they deposited the amount of Rs.1,36,000/ with the defendants, who confirmed the same vide their letter Ex. PW1/2. PW1 further deposed that the defendants provisionally allotted them a plot no. ED470, 100 sq. yds vide allotment letter dated 06/10/2009 Ex. PW1/3. PW1 deposed that they paid a total sum of Rs.2,25,505/ to the defendants upto 03/07/2010 vide receipts Ex. PW1/4 to Ex. PW1/9. PW1 further deposed that inspite of receiving Rs.2,25,505/ from them, defendant did not show any sanctioned site plan of their project by Rajasthan govt. and further they have not taken any steps for execution of title documents in their favour so he visited the site at "Dev City Bhiwadi Rajasthan" and found no such plot of land there Suit no. 1267/2016 Sh. Pratap Sharma and anr. V/s. M/s. Arun Dev Builders Ltd. and ors. Page no. 6 of 8 hence they served legal notice Ex. PW1/9 upon all the defendants thereby calling them to return their amount of Rs.2,25,505/. PW1 deposed that the legal notice of all the defendants returned with report of postman refused. The returned envelop alongwith postman endorsement are Ex. PW1/14 to Ex. PW1/21.
8. The document on record satisfactorily proved that plaintiffs booked a plot with defendants and they paid total sum of Rs.2,25,505/ to the defendants . Defendants have not contested the present suit to indicate whether their project has finalized and approved by the Rajasthan Govt. or they are going to execute the transfer documents in respect of plot allotted to the plaintiffs. . I thus find no reason to disbelieve the plaintiffs with regard to the testimony led by PW1 in court. Accordingly, I am of the considered opinion that plaintiffs are entitled for recovery of amount which they have paid to the defendants i.e.Rs.2,25,505/.
9. Plaintiffs claimed interest @ 10% per month . Admittedly, there is no Suit no. 1267/2016 Sh. Pratap Sharma and anr. V/s. M/s. Arun Dev Builders Ltd. and ors. Page no. 7 of 8 agreement regarding payment of interest. Considering the facts and circumstances of the case and the fact that plaintiffs invested their hard earned money to purchase the plot which has not been in existence and inspite of this, defendants retained the amount of plaintiffs, so I am of the considered opinion that interest @ 10% p.a. would be just and reasonable. Relief
10. In view of aforesaid discussion, suit is decreed in favour of plaintiffs & against the defendants qua for recovery of Rs.2,25,505/ (Rupees Two Lacs Twenty Five Thousand Five Hundred Five only) along with interest @ 10% p.a. from the date of filing of the suit till the realization of the amount. Cost of the suit is also awarded in favour of plaintiffs. Decree sheet be prepared accordingly.
11. File be consigned to record room.
(Announced in the (RAVINDER SINGH) open court Additional District Judge:Shahdara on 11/11/2016) District:Karkardooma, Delhi. Suit no. 1267/2016 Sh. Pratap Sharma and anr. V/s. M/s. Arun Dev Builders Ltd. and ors. Page no. 8 of 8