Haryana

Sonipat

CC/110/2015

INDER PRAKASH S/O CHET RAM - Complainant(s)

Versus

1. C.M. DEVELOPERS & INFRASTRUCTURE,2. PANKAJ NARULA,3. SMT. SUNITA NARULA,4. CHANDER MOHAN NARULA - Opp.Party(s)

RAVI SHANKER GARG & ASHISH GARG

26 Mar 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

                                Complaint No.110 of 2015

                                Instituted on:26.03.2015

                                Date of order:27.05.2015

 

Inder Prakash son of Chet Ram, resident of village and post office Mandaura, Distt. Sonepat.

                                           ...Complainant.                           Versus

1.M/s C.M. Developers & Infrastructure, 901-909, ITL Twin Towers, Netaji Subhash Palace, Pitampura, Delhi-34.

2.Pankaj Narula Director, M/s C.M. Developers & Infrastructure, 901-909, ITL Twin Towers, Netaji Subhash Palace, Pitampura, Delhi-34.

3.Smt.Sunita Narula, Director, M/s C.M. Developers & Infrastructure, 901-909, ITL Twin Towers, Netaji Subhash Palace, Pitampura, Delhi-34.

4.Chander Mohan Narula, Director, M/s C.M. Developers & Infrastructure, 901-909, ITL Twin Towers, Netaji Subhash Palace, Pitampura, Delhi-34.                                    

                                           ...Respondents.

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

Argued by: Sh. Ashish Garg Adv. for complainant.

           Respondents ex-parte.

BEFORE-    NAGENDER SINGH………………………………………………PRESIDENT.

          SMT.PRABHA WATI……………………………………………MEMBER.

          D.V.RATHI……………………………………………………………MEMBER.

O R D E R

            The complainant has filed the present complaint against the respondents alleging therein that on the assurance and commitment made by the sales executive of respondent no.1 M/s CM Developers and Infrastructure, the complainant got booked a residential flat in the group housing project namely Ushay Towers Kundli, Sonepat and paid the booking amount of Rs.3 lacs against receipt bearing no.000138  dated  16.3.2006.  On enquiry, every time the concerned officers assured the complainant that development work is going on the project site.  Thereafter the complainant made the enquiry regarding the aforesaid project of the company and came to know that the respondents have not purchased the requisite land and some criminal complaints for cheating are pending in different court of law.   The complainant requested the respondents to allot the flat or refund the total paid amount alongwith interest, but every time false assurance has been given to the complainant.  In the first week of 9/2014, the concerned executive officer has openly said that the company will not allot any flat to him.  The complainant thereafter served the respondents with legal notice but the same has also not brought any fruitful result and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        Notice to the respondents was issued through registered post.  But despite this, none has appeared on behalf of the respondents and thus, the respondents were proceeded against ex-parte vide order dated 04.05.2015.

3.        The complainant in his evidence has tendered the affidavit Ex.CW1 and documents Ex.CW1/B & Ex.CW1/C.

4.       We have heard the ex-parte arguments of the ld. Counsel for the complainant and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.       Ld. Counsel for the complainant has submitted that the complainant got booked a residential flat in the group housing project namely Ushay Towers Kundli, Sonepat and paid the booking amount of Rs.3 lacs against receipt dated 16.03.2006. On enquiry, every time the concerned officers assured the complainant that development work is going on the project site.  Thereafter the complainant made the enquiry regarding the aforesaid project of the company and came to know that the respondents have not purchased the requisite land and some criminal complaints for cheating are pending in different court of law.   The complainant requested the respondents to allot the flat or refund the total paid amount alongwith interest, but every time false assurance has been given to the complainant.  In the first week of 9/2014, the concerned executive officer has openly said that the company will not allot any flat to him.  The complainant thereafter served the respondents with legal notice but the same has also not brought any fruitful result and that amounts to a grave deficiency in service on the part of the respondents.

         He has further submitted that the respondents are utilizing the huge amount of the complainant without providing him any services and thus, the complainant is entitled to get the refund of his deposited amount from the respondents with interest.

         He has further submitted that notices have been issued to the respondents through registered post, but despite this, none has appeared on behalf of the respondents.  Meaning thereby, the respondents have nothing to say in the matter of the complainant and that also amounts to admission of the pleadings of the complainant by the respondents.

         We find force in the contentions raised by the learned counsel for the complainant.  The pleadings of the complainant has gone unrebutted and unchallenged since none has appeared on behalf of the respondents and thus, the respondents were proceeded against ex-parte vide order dated 04.05.2015.  In our view, the respondents have nothing to say in the matter of the complainant and that amounts to admission of the pleadings of the complainant by the respondents.   So, keeping in view the above mentioned circumstances, we have no other option except to accept the present complaint ex-parte and the complainant is definitely entitled to get the refund of his deposited amount from the respondents with interest since the huge amount of the complainant is being utilized by the respondents for their personal gain without providing any services of any kind to the complainant. Thus, we hereby direct the respondents to refund the entire deposited amount to the complainant with interest at the rate of nine percent per annum from the date of its deposit till realization. Since the complainant has been able to prove the deficiency in service on the part of the respondents, we also hereby direct the respondents to pay compensation to the tune of Rs.5000/-(Rs.five thousands for rendering deficient services, for causing mental agony, harassment and also to pay Rs.2000/- (Rs.two thousands under the head of litigation expenses.

           With these observations, findings and directions, the present complaint stands allowed ex-parte.

          Certified copy of this order be provided to ld. Counsel for the complainant free of cost and the same be also sent to the respondents for information and its strict compliance.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:27.05.2015