State Consumer Disputes Redressal Commission
Vandana Goyal Family Trust vs M.Tech Developers Ltd. on 28 January, 2013
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION:DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 28.01.2013 (1) Complaint No.-10/145 Vandana Goyal Family Trust . Complainants (2) Complaint No.-10/146 Neil Goyal Family Trust (3) Complaint No.-10/147 Tarun Goyal & Sons(HUF) (4) Complaint No.-10/148 Tarun Goyal S/o Giri Raj Goyal (5) Complaint No.-10/149 Giri Raj Goyal & Sons(HUF) All R/o 13/34 WEA, Karol Bagh, New Delhi-110005. (6) Complaint No.-10/191 M/s Mecspert Systems Pvt. Ltd. (7) Complaint No.-10/192 Mainalini Ravela W/o Sh. Venkata Mulumudi (8) Complaint No.-10/193 R. Indira Sarojini W/o Sh. Russln Bhaskarudu (9) Complaint No.-10/194 M/s Mecspert Systems Pvt. Ltd. (10) Complaint No.-10/195 M/s Mecspert Systems Pvt. Ltd. All R/o D-II/2210, Vasant Kunj, New Delhi-110070. Versus 1. M/s M-Tech Developers Ltd. . Opposite Parties 2. Mahender Sharma Chairman of M/s-Tech Developers Ltd. 3. Amit Kumar Jha Managing Director of M/s M-Tech Developers Ltd. All at the registered office at 144/2, Ashram, Mathura Road,NewDelhi-110014. CORAM Mr S.A. Siddiqui Member(Judicial) Mr. V.K. Gupta Member(Judicial) 1. Whether Reporters of local newspapers be allowed to see the judgment? 2. To be referred to the Reporter or not? Mr. S.A. Siddiqui(Member
Judicial)(Oral)
1. Complaint Nos. 145 to 149 and Complaint Nos. 191 to 195 filed before us, bear similar facts and they are against the same builder/construction Co. by the name Style M/s M-Tech Developers Ltd. & Ors.
Therefore, for the sake of convenience all the 10(ten) complaints are clubbed together and are being decided by the same judgment. Complaint No. 145 is leading other cases.
2. These complaints have been filed by the complainants against the OPs with the following prayer to, direct the OPs to:-
a) execute the title documents of Villa No. 94 with build-up area of 3000 sq. ft. at Camellia Garden-1, Bhiwadi in favour of the complainant,
b) hand over the vacant and peaceful possession of Villa in question,
c) pay interest @ 12% per annum on a sum of Rs. 34.20 lakh,
d) pay a compensation to the tune of Rs.
50,000/- for mental pain and agony.
3. The case of the complainant as set out in the complaint is that, the complainant is a consumer within the meaning of Section 2(d) of The Consumer Protection Act, 1986. OP-1 is Real Estate Developer & Construction Co. having its registered office at 144/2, Ashram, Mathura Road, New Delhi, whereas the OP Nos. 2 & 3 are Chairman and Managing Directors of OP-1 respectively. On the basis of approach made by OP-1, complainant agreed to purchase furnished luxury villa on a plot area of 300 sq.yds. with a built-up area of 3000 sq. ft. at Bhiwadi(Rajasthan) under the name of Camellia Garden-1. The villa was offered for a total cost of Rs. 37.50 lakh. The OPs offered 9% discount on making full net down payment at the time of booking. They further offered to pay interest @ 12% p.a. and till the handing over of the possession and execution of sale deed of the said villa in question. The complainant entered into an agreement with the OPs on 15.07.08 which was duly signed by OP-3. The complainant paid a total sum of Rs. 34.20 lakh(thirty four lakh and twenty thousand only) to the OP-1 and obtained receipt No. 18735 dated 25.07.08 for a sum of Rs. 17.10. lakh and receipt No. 18736 dated 25.07.08 for a sum of Rs. 17.10 lakh.
Copy of the agreement dated 15.07.08 is filed as Annexure-B. Copies of the said receipts are Annexure- C & D respectively. Copy of the allotment letter dated 29.07.08 is filed as Annexure-E. OPs through their officials showed the layout plan and the under construction villas and promised to execute sale deed/title documents in favour of the complainant.
They further promised to hand over peaceful possession of the said villa shortly. It was stipulated in the agreement dated 15.07.08 that after making entire payment, the OP-1 shall provide an assured return @ 12% p.a. on the deposited amount. In pursuance thereof, OP-1 issued several post-dated cheques in favour of the complainant, but ultimately, the cheques were dishonoured by the bank and the complainant had to file criminal complaint cases against OP-1 for offences u/s 138 & 142 of the Negotiable Instrument Act. Complainant met several times to the OPs but the officials made one excuse after another and soon their attitude was callous towards the complainant as they avoided to talk to the complainant. They even tried to misbehave with the complainant when he tried to enquire about the handing over of possession, execution of sale deed etc. of the villa concerned. The complainant therefore had to send legal notice dated 4.7.09 to the OPs requesting them to do the needful. Copy of the notice dated 4.7.09 is Annexure-F and receipts Annexure-G & H. The OPs, thus, did not only commit breach of agreement and breach of trust with the complainant, but they also committed forgery mischief and criminal breach of trust. It was also stated in the complaint that a search by Income Tax Department was conducted at the premises of Shri Tarun Goyal. They took all original documents including agreement dated 15.7.08.
Receipts and allotment letters were seized by the Income Tax Department for which a list and Panchnama dated 10.11.08 were prepared. Copy of the list dated 10.11.08 is Annexure-I.
4. Cause of action arose when agreement dated 15.7.08 between the complainant was signed and in pursuance thereof full payment of the villa concerned was made and also on 29.07.08 when allotment was made in favour of the complainant which also arose when the OPs despite their tall promises failed to hand over possession of the said villa to the complainant and also failed to execute title document etc. The complainant ran from pillar to post for his just and lawful claim but the same was shamelessly denied by the OPs. The OPs caused lot of harassment, humiliation, mental pain and agony.
Therefore the complainant was compelled to file this complaint.
5. The complaint was admitted on 9.8.10 and notices were sent to the OPs for filing written statements. Registered notices alongwith AD issued to the OPs were served but the AD cards did not bear any stamp or signature of the OPs. Ld. Counsel for the complainants filed affidavit stating therein that he had visited the office of the OPs to serve dasti notice but the OPs refused to accept it. The hearing was adjourned till the next date. The OPs were deliberately absent despite service of notice. Therefore, on 13.4.12, an order was passed to the effect that complaint shall proceed exparte against the OPs. The complainant filed an affidavit dated 20.7.12 by way of evidence in support of the complaint case. Complainant also filed list of documents(pages 12 to 27). The complainant also filed written arguments(pages 5 to 8).
6. We have briefly heard the Ld. Counsel for the complainant and perused the record. From the perusal of the record we find that the complainant has amply proved his case exparte and the complaint is liable to be decreed.
ORDER
7. Complaints are accordingly allowed. OPs are directed to hand over peaceful and complete possession of the Villa No. 94 , 88, A2, A1, A3, 92, 93, 89, 91 & 90 on a plot of 300 sq.yds. with a built up area of 3000 sq.ft. at Camellia Garden I, Bhiwadi to the complainants and after one month from the date of handing over of the possession, the OPs shall execute sale deed/title documents in favour of the complainants. Since criminal proceedings u/s 138/142 of the Negotiable Instrument Act still in progress, therefore no order is being passed regarding assured return @ 12% p.a.
8. The complaints are dismissed with respect to other relief prayed for. Rs. 5,000/- is awarded as cost of litigation.
9. A copy of this order as per the statutory requirements be forwarded to all the parties free of charge and thereafter the files be consigned to Record Room. A copy of this order be placed on other complaints (S.A. Siddiqui) Member(Judicial) (V.K. Gupta) Member(Judicial) ysc