Col.CHAKRA DHAR DEOLI vs S.S.SATIJA

BRIEFLY the facts are that M/s. Satija Builders & Financier Limited is carrying on the business as builders. The respondent is its Managing Director. The company brought out a brochure in February/March''89 and offered deluxe freehold flats on payment of Rs.4,57,000/- each in instalments during a period of ten years. The possession of the flat was to be delivered by the respondent within a period of 30 months from the date of booking. The payments were to be made by the purchasers at different stages of the construction.

THE complainant booked a flat No. 209 by paying registration amount of Rs. 32,023/- vide receipts dated 24.4.89 for Rs. 8,000/- , dated 12.6.89 for Rs. 9,000/- and dated 20.6.89 for Rs. 15,023. Subsequently it is stated that he had been paying monthly instalments (a) Rs. 2,408/- upto October''89. Later, he got the flat changed from flat No. 209 to flat No. 218. In January''90 the company issued a letter dated 6.1.90 stating that all aspects of the project were under control and first floor roof had been laid. Accordingly he was asked to pay sixth instalment of Rs. 22,870/- which was linked with the laying of roof of first floor. After making the. payment, the complainant found that the roof had not been laid as represented. Consequently the respondent agreed to refund the amount. However, he gave a fixed deposit receipt No. 0512 dated 3.6.90 for Rs. 23,000/- of M/s. Jagdamba Traders and Finance Company which belonged to him, in lieu of the refund. THE receipt was interest bearing (a) 18% p.a. on monthly basis. THE respondent, it is alleged, has not paid any amount out of the said receipt. That in January''90 the company offered a car parking space for Rs. 22,000/- for which the last date of payment was given 15.1.90. The complainant deposited Rs. 22,000/- with the company in two instalments vide receipts dated 27.1.90 (for Rs. 5,000/- ) and dated 31.1.90 (for rupees 17,000/- ).Thus he paid a total amount of Rs. 86,662/- to the Respondent as given in Schedule ''A'' attached herewith.

The respondent, it is further pleaded, suspended the work in January''90. The complainant sent registered letters to the company but the same remained unacknowledged. It is alleged that Mr. Satija is not available for the last several months and he had closed his office at 5-Babar Road and shifted his residence at 719, Dr. Mukherjee Nagar, New Delhi. He further alleges that the respondent has cheated him of the amount of Rs. 86,662/- which he is entitled to recover from him with interest @ 2% p.m. He has also claimed Rs. 56,691/- as damages as having been deprived of the chance of acquiring a house elsewhere due to his savings having been held up with the company.

NOTICE of the case was sent to the respondent. A report was received that he was not available at the given address. We were informed that he was evading service. In view of the circumstances we directed that service be effected on him by pasting summons at the said address. It was done at his residence-cum-office but he remained absent. Consequently he was proceeded against exparte. The complainant in support of his case has produced the receipts issued by the company namely M/s. Satija Builders and Financier Limited. He has also produced the receipt dated 3rd June''90 of Rs. 23,000/- issued by M/s. Jagdamba Trading & Financing Company. From the aforesaid receipts the payment of Rs. 86,662/- is established. The complainant is entitled to the refund of the said amount from the respondent. He is also entitled to interest on the said amount from the dates of the payments. The respondent had taken the instalments upto the date of the order by way of compensation.

FOR the aforesaid reasons we accept the complaint with costs and direct the respondent to pay the amount of Rs. 86,662/- with interest (a 18% p.a. from the dates of deposits of the instalments till the date of the order and future interest on the total amount at the said rate from the date of the order till the date or realisation of the amount. Costs Rs. 1,000/- . Complaint allowed.