DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.452/09
Smt. Laxmi
W/o Sh. Kishan Lal
R/ H.No.10, Sector-IV (Enquiry Office)
Pushp Vihar,
New Delhi-110017 …. Complainant
Versus
M/s AJS Builders Ltd.
8, Shaheed Bhagat Singh Marg,
Gole Market, 1st Floor,
New Delhi-110001 …. Opposite party
Date of Institution : 08.06.09 Date of Order : 26.11.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
The gist of the complaint is that the Complainant purchased a plot measuring area 240 sq. yds. @ Rs.5700 per sq. yds. She paid three installments of Rs.205200/- at the time of booking on 30.03.06, second installment of Rs.183200/- on 10.02.07 and third installment of Rs.1,0,000/- on 10.09.07 vide receipt No. SON/6332. After receiving the whole amount plot was not allotted to her. Her husband visited several times to the OP’s office for the plot or payment but they refused to give anything in writing. Thereafter, she sent three applications dated 02.04.09, 24.04.09, and 11.05.09 to the OP for allotment of plot or refund of money. However, OP did not respond despite her husband meeting with the Manager Mr. Malik. The Complainant has prayed that OP be directed to allot a plot or whole amount be refunded to her.
In the written statement, OP has taken the following preliminary objection:
“It is admitted by the parties qua the said agreement that the all disputes concerning the present transaction, shall be solely dealt by the court at Haryana. The present complaint is bad for want of jurisdiction. As such the present complaint is barred under Order 7 Rule 11 of the code of civil procedure and deserves rejections.”
It is stated that the Complainant never discussed with them for the distribution of the plot and she never demanded refund of her money. It is also denied that the Complainant’s husband ever came to the office of OP and discussed the matter for arrangement of plot or otherwise refund of payment of deposited amount and the Complainant’s husband ever met Mr. Malik. It is also denied that the Complainant claimed the entire amount of Rs.8 lacs and reminded many times. Hence, according to the OP the demand of the Complainant is wrong. It is prayed that the complaint be dismissed with exemplary costs.
Complainant has filed a rejoinder.
Complainant has filed her own affidavit in evidence while affidavit of Sh. Ravi Bhushan, AR has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the Complainant and have also gone through the file very carefully.
Admittedly, the Complainant applied for a plot of 240 sq. yds. @ Rs.5700/- with the OP. The Complainant made the payment of Rs.205200/-, Rs.183200/- and Rs.1,00,000/- to the OP vide receipts, copies of which are Ex.CW1/A, Ex.CW1/B and Ex.CW1/C
It is evident from the record that both the parties have not filed copy of any contract/agreement for sale and purchase of the plot. The Complainant requested the OP vide letters dated 02.04.09, 24.04.09 & 25.04.09 (Ex. CW-1/D) to allot the plot or refund the money but till date the OP has not refunded the amount nor allotted the plot to the Complainant. Hence, there is a deficiency in service and unfair trade practice on the part of OP.
Since the registered office of the OP is in New Delhi this Forum has the territorial jurisdiction to entertain the complaint.
We allow the complaint and direct the OP to refund Rs.4,83,200/- alongwith interest @ 6% p.a. from the date of filing of complaint till realization to the complainant within 30 days of receipt of copy of this order failing which OP shall become liable to pay the said amount of Rs.4,83,000/- along with interest @ Rs.9% per annum from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 26.11.16.
