Haryana

Gurgaon

CC/660/2011

1. Sarla Vashishtha - Complainant(s)

Versus

1. M/s Arun Dev Builders - Opp.Party(s)

10 Feb 2015

ORDER

DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,GURGAON-122001.

                                                                                                            Consumer Complaint No. 660 of 2011

                      Date of Institution: 23.11.2011/19.12.2011

  Date of Decision: 10.02.2015

 

1. Sarla Vashishtha  wife of Shri Suresh Vashistha
2. Uma Kant Vashishtha son of Sh. Suresh Vashishth

 

R/o H.No.B-38, Rajiv Colony, N.H.8, Jhakhar market  Naharpur Rupa, Tehsil and District Gurgaon.

                                                                                                                                                  ……Complainants.

 

                                                Versus

1. M/s Arun Dev Builders Ltd office at F-1211, Chiranjan Park, New Delhi-110079 through its Manager.

 

2. M/s Arun Dev Builders Ltd having its Branch Office at 207/13, Kamla Tower Dhobi Ghat, Old Railway Road, Gurgaon through its Manager.

 

….Opposite parties

Complaint under Sections 12 & 14 of Consumer Protection Act, 1986                                                          

BEFORE:     SH.RAGHVINDER SINGH BAHMANI, PRESIDENT.

                     MRS.JYOTI SIWACH, MEMBER

 

Present:        Sh.H.C.Sharma, Adv for the complainants

                     Sh. Sanjeev Kumar Raghav, Adv for OP-1

                    OP-2 exparte

 

ORDER       R.S.BAHMANI, PRESIDENT.

 

                    The complainants have alleged that complainant No.1 has booked a Plot measuring 100 sq. ft, 3^rd floor in the project of the OP “Dev City Bhiwadi”, District Alwar  Registration No.67069  which was allotted in favour of complainant No.1 Sala Vashisth vide Allotment Letter dated 13.10.2009 allotting ED-686 measuring 100 sqw. Yds (C-1) and has deposited the following amount against Regd. No.67069 :

          Receipt No.                               Date            Amount       

          DC-BWD/67069/2/18955                   26.07.2008   Rs.51000.00          (C-1A)

          DC-BWD/67069/1/118685        26.07.2008   Rs.49000.00          (C-1B)

          DC-BWD/67069/3/30695                   17.12.2008   Rs.33000.00          (C-1C)

          DC-BWD/67069/4/118685        26.07.2008   Rs.36000.00          (C-1D)

                                                Total                     Rs.169000.00

Similarly, she also booked a Plot measuring 350 sq. ft with the OP in the above said project vide Regd. No.61182 and they also allotted her Plot No.D-145/15,  3^rd Floor in “Dev City Bhiwadi” Project with the OP vide Allotment Letter dated 24.08.2009 in the name of complainant No.1 (C-2)(though there is another allotment letter of the same date). She also deposited the following amount against the above Registration:

Receipt No.                               Date            Amount       

          DC-BWD/61182/1/1597           15.10.2007   Rs.25000.00          (C-2A)

          DC-BWD/61182/2/2894           28.11.2007   Rs.22000.00          (C-2B)

          DC-BWD/61182/3/16705                   03.07.2008   Rs.25000.00          (C-2C)

DC-BWD/61182/4/34544                   09.02.2009   Rs.22000.00          (C-2D)

DC-BWD/61182/5/52335                   03.11.2009   Rs.24000.00          (C-2E)

                                                                   Total Rs.118000.00

Complainant No.2 also booked plot measuring 350 sq. ft in “Dev City Bhiwadi” project of the OP vide Regd. No.61181 and consequently, was allotted Plot No.D-145/12, 2^nd Floor  measuring  350 sq. ft in the above said project of the OP vide Allotment Letter dated 24.08.2009 (C-3 though there is an another allotment letter of the same date) and he deposited the following amount against the said Plot bearing Regd. No.61181

Receipt No.                               Date            Amount       

DC-BWD/61181/1/1594           16.10.2007   Rs.25000.00          (C-3A)

DC-BWD/61181/2/3385           28.11.2007   Rs.22000.00          (C-3B)

DC-BWD/61181/3/16703                   03.07.2008   Rs.25000.00          (C-3C)

DC-BWD/61181/4/34545                   09.02.2008   Rs.22000.00          (C-3D)

DC-BWD/61181/5/52334                   03.11.2009   Rs.24000.00          (C-3E)

                                      Total                     Rs.118000.00

 

Thus, both the complainants have paid a total sum of Rs.4,56,000/- though  they have produced only the receipt of Rs.4,05,000/- as discussed above. It is further alleged that complainants have visited the office of the OPs to enquire about the delivery of possession but no satisfactory reply was given. Consequently, they gave a Legal Notice dated 03.09.2011 to the OPs requesting them to refund the deposited amount but of no use (C-4). Thus, the OPs are deficient in providing services to the complainants. Thus, they are entitled to refund of Rs.4,56,000/- and cost of litigation of Rs.22,000/- or any other relief deem fit by this Forum. The complaint is supported with an affidavit of Uma Kant Vashishth and the documents referred above.

2                 OP-1 in its written reply while denying the claim of the complainant has taken the objections that this Forum has no territorial jurisdiction and thus, the complaint is not maintainable before this Forum. The amount deposited by the complainants is not admitted. It is admitted that in view of the registration numbers the OP has issued allotment letters. It is denied that there is no sign of construction and development at the site as alleged. However, under the scheme some flats have been constructed at site. The development for the plots have already been made, the erection of electricity poles have already been made at the spot. The work of electricity connection is under progress. The scheme of sewerage has been completed. However, complainants failed to make the regular payments and have defaulted in making the same. The complainants have never applied for the refund of the amount and if they have applied for the same it would have been allowed as per rules. They are ready to hand over the actual physical possession of two Flats and one plot to the complainants if they pay the remaining cost of the flats and the plot to the answering OPs. Thus, there is no deficiency of service on the part of the answering OP

3.                OP-2 failed to turn up despite service and it was proceeded exparte on 09.02.2012.

4                 We have heard the parties and appraised the material on record carefully. In view of the facts and circumstances discussed above and the documents produced on record we are of the considered opinion that complainant No.1 has booked Flat/Plot with the OP in their project “Dev City Bhiwadi” measuring 100 sq. yd and 350 sq. yds against Regd. No.67069 and 61181 and consequently, OPs have issued Allotment Letter allotting her Plot No. ED-686 measuring 100 sq.yds in “Dev City Bhiwadi” project vide Allotment Letter dated 13.10.2009 (C-1) and Plot No.D-145/15, 3d Floor, in “Dev City Bhiwadi” measuring 350 sq. ft vide Allotment Letter dated 24.08.2009 (C-2) and she has deposited a sum of Rs.1,69,000/- against the plot of Regd. No.67069 and Rs.1,18,000/- against the plot of Regd. No.61182. Thus, complainant No.1 has deposited a total sum of Rs.2,87,000/-. Similarly, complainant No.2 has also booked a Plot measuring 350 sq. yds with the OP in their above said project “Dev City Bhiwadi” against Regd. No.61181 and later on, OP has also allotted Plot No.D-145/12, 2^nd Floor in the above said project measuring 350 sq. ft vide Allotment Letter dated 24.08.2009 (C-3) and thus, he has also deposited a sum of Rs.1,18,000/-against the above said allotted Plot No.D-145/12, 2^nd floor. Thus, in all the complainant No.1 and 2 have deposited a sum of Rs.2,87,000/- + Rs.1,18,000/-respectively = Rs.4,05,000/-. The complainants have alleged that despite receipt of above said amount they failed to hand over the possession of the above said Plots despite their several visits to their office. Lastly, they also sent a Legal Notice dated 03.09.2011 to the OPs but of no use(C-4). The OPs have admitted in their written reply that the work of electricity connection is under progress which means till the filing of the written reply on 22.05.2012 by the OPs they failed to develop the site though the complainants have booked the plots as early as in Oct, 2007. Thus, the OPs are deficient in providing services to the complainants as they are mis-utilizing the amount of the complainants.

5                 Thus, the complainant No.1 and 2 are entitled to Rs.2,87,000/- and 1,18,000/- respectively i.e. total Rs.4,05,000/- along with interest @ 9 % p.a. from the date of each deposit till realization from the OPs. They are also entitled to Rs.10,000/- for compensation causing harassment. They are also entitled to litigation expenses of Rs.5,000/-.

Compliance be within 30 days.

Copy of the Order be sent to the parties, free of costs.

 

Pronounced in open court.                           

Dated: 10.02.2015                                                                                                                                           President,

                                                                             District Consumer Disputes

      ( JOYTI SIWACH )                                                                                                                              Redressal Forum,  Gurgaon

              Member