Delhi

East Delhi

CC/479/2016

HITENDRA SINGH - Complainant(s)

Versus

ARUN DEV BUILDER - Opp.Party(s)

18 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 479/16

 

Shri Hitendra Singh

S/o Shri Suresh Chandra

R/o House No. 47A, Top Floor

South Anarkali Extension

Delhi – 110 051                                                          ….Complainant

 

Vs.    

 

M/s. Arun Dev Builders Ltd.

Through its Managing Director

S-528, 2^nd Floor, School Block

Laxmi Nagar, Delhi – 110 092

Head Office: F-1211, Chitranjan Park

New Delhi – 110 019                                                        …Opponent

 

Date of Institution: 12.09.2016

Judgement Reserved on: 18.10.2018

Judgement Passed on: 23.10.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Shri Hitendra Singh against             M/s. Arun Dev Builders Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that complainant Hitendra Singh booked a flat measuring area 350 sq. ft. in the project of M/s. Arun Dev Builders Ltd. (OP) at Biwadi vide registration no. 63365 and was allotted flat no. 2104/10 on 2^nd floor in the month of April 2008.  Allotment letter for the same was issued on 20.08.2009.

            It was stated that the complainant paid an amount of Rs. 1,86,000/- through regular installments till 14.04.2013, but OP did not start the construction of the said flat .  On enquiry, it was stated that they will hand over the flat within 5-6 months, but nothing was done.   

            It was further stated that on 21.04.2014, the complainant gave cancellation letter alongwith all original documents to OP for which he was assured that he will get refund amount alongwith interest within 6 months, but the same was not refunded.  In the month of May, 2016, the complainant visited the office of OP where he was told that they have not received any cancellation letter.  The complainant filed the previous cancellation letter to OP again.  He filed the same cancellation letter to OP on 01.07.2016 and duly received with seal on the same cancellation letter.  He was assured that he will get the amount of refund within 2 days, but all in vain. 

            It was also stated that OP has adopted unfair trade practice by not refunding the booking amount of the said flat.  Hence, the complainant has prayed for directions to OP to refund Rs. 1,86,000/- alongwith 24% interest; Rs. 5,00,000/- compensation on account of deficiency in service, mental pain, agony and harassment and Rs. 20,000/- towards litigation charges.

3.         Notice of the present complaint was issued to OP.  None have appeared on behalf of OP despite service, hence they were proceeded    Ex-parte.

4.         The complainant has filed evidence by way of affidavit where he has examined himself.  He has narrated the facts which have been stated in the complaint.  He has got exhibited documents such as copy of allotment letter (Ex.CW-1/A), copy of allotment certificate (Ex.CW-1/B), copy of affidavit (Ex.CW-1/C), copy of payment receipts (Ex.CW-1/D), copy of cancellation form  (Ex.CW-1/E), copy of cancellation letter duly received (Ex.CW-1/F) and copy of Aadhar card of complainant (Ex.CW-1/G).

5.         We have heard the complainant and have perused the material placed on record.  From perusal of the documents, it is evident that complainant was allotted flat of 350 sq. ft. which he got booked in Arun Dev City, Bhiwadi vide registration no. 63365 by paying an amount of             Rs. 90,000/- through letter of dated 20.08.2009.  Further, he got this flat cancelled as the construction did not start and possession was not given as promised.  He submitted all the documents alongwith his cancellation request of dated 21.04.2014. 

            From the receipts submitted by the complainant, it is evident that he has paid a total amount of Rs. 1,86,000/-.  No doubt, the complainant got the booking cancelled on his own, but his letter of cancellation showed that he was compelled to get it cancelled due to non delivery of flat within the stipulated period.  By not delivering the possession of the flat by M/s. Arun Dev Builders Ltd. (OP), certainly it amounts to deficiency in service which leads to mental pain and suffering to the complainant. 

            In view of the above, it is ordered that M/s. Arun Dev Builders Ltd. (OP) shall refund an amount of Rs. 1,86,000/- with 9% interest from January 2015 till realization.  We further award compensation of              Rs. 10,000/- towards harassment and mental agony which includes the cost of litigation. 

            The order be complied within a period of 45 days, if not complied, the amount of compensation of Rs. 10,000/- shall also carry 9% interest from the date of order.

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                     (HARPREET KAUR CHARYA)

Member                                                                                  Member    

 

            (SUKHDEV SINGH)

             President