Feb 11, 2015
Updated by shesadev nayak A CONSUMER COURT IN DELHI ISSUED WARRANT AGAINST DIRECTORS/PROMOTERS OF M/S. SEVEN HILLS ESTATE LTD. (A
REAL ESTATE DEVELOPER OF ODISHA) ON 10.02.2015 FOR NON-COMPLIANCE OF ITS ORDER PASSED IN A CONSUMER COMPLAINT
Mr. Shesadev Nayak, had booked a flat bearing No. 2088 in the project “
Seven Hills Sands” undertaken by the developer M/s. Seven Hills Estate Ltd. at Puri by depositing Rs.50, 000/- on 15.02.2007. It had been agreed that the flat would cost Rs.7, 00, 000/- only. Thereafter, he paid certain amounts in installments and by 1st August, 2007 the total payment made by him against consideration was Rs.2, 55, 000/- which was more than 36% of the total cost of the flat. However, since the construction of the flat had not much headway and the pace of construction was not as promised, he had stopped making further payment of installments towards the cost of the flat. Rather, finding that the project was delayed considerably, he had approached the developer seeking cancellation of the flat and refund of his money. The request was refused by the developer. In 2011 he was informed by the developer that his flat has been allotted to somebody else and he was further told that if he wanted to have the flat in the project he would be required to pay the prevailing market price of the flat i.e. 11 lakh. Claiming this to be deficiency in service he filed a complaint before the District Forum (North-West District), Shalimar Bagh, Delhi.
That vide Order dated 31.03.2014 IN Complaint Case No. 1188 OF 2011 the District Consumer Disputes Redressal Forum, Delhi has held that the developer M/s. Seven Hills Estate Ltd. were deficient in rendering service to Shesadev Nayak, the Complainant and accordingly directed that the developer M/s. Seven Hills Estate Ltd. as under :-
i) Pay to the Complainant a sum of Rs.2, 55, 000/- along with interest @ 10% p.a. from the date of deposit till payment;
ii) Pay to the Complainant a sum of Rs.5, 000/- as compensation for the pain and agony suffered by him;
iii) Pay to the Complainant a sum of Rs.5, 000/- as cost of the litigation
The above amount shall be paid by the developer M/s. Seven Hills Estate Ltd. to the Complainant within 30 days from the date of this order failing which the developer M/s. Seven Hills Estate Ltd. shall be liable to pay an interest on the entire awarded amount @ 10% p.a. from the date of this order till the date of payment. If the developer M/s. Seven Hills Estate Ltd. fails to comply with the order within 30 days the Complainant may approach this Forum u/s 27 of the Consumer Protection Act, 1986.
Subsequently, the State Consumer Disputes Redressal Commission: Delhi passed an Order dated 10.07.2014 whereby the First Appeal No. 478/2014 filed by the developer M/s. Seven Hills Estate Ltd. challenging the aforesaid order of the District Forum was dismissed in limine. Further, the National Consumer Disputes Redressal Commission, New Delhi passed an Order dated 16.10.2014 whereby the Revision Petition No. 3413/2014 filed by the developer M/s. Seven Hills Estate Ltd. was dismissed with penal cost of Rs. 1 Lakh in favour of the Complainant.
That the Complainant was diligently pursuing the Execution Application No. 83/14/(27) OF 2014 IN Complaint Case No. 1188 OF 2011 before the District Forum against the developer M/s. Seven Hills Estate Ltd. Through its Managing Director for non-compliance of Orders passed by the District Forum, State Commission and National Commission respectively. During the course of hearing on 10.02.2015 District Consumer Disputes Redressal Forum, Delhi has issued bailable warrant to be executed against all the Directors/ Promoters of the developer M/s. Seven Hills Estate Ltd. and fixed the next date of hearing for 09.03.2014
As per http://www.sevenhillssands.com/groupc.html (the web-site) Seven Hills Group of Companies, are promoted by Mr. M.Kanaka Rao, Mr. M.S. Srinivas and Mr. M.V.S. Sekhar and having it offices in Delhi and Odisha.
