Delhi

North West

CC/326/2014

MANISH GOEL - Complainant(s)

Versus

ARUN DEV BUILDER - Opp.Party(s)

09 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

 

CC No: 326/2014

D.No.__________________________                        Dated: _______________

 

IN THE MATTER OF:

 

Ms. MANISHA GOEL D/o SH. PRAMOD GOEL,

R/o H. No. 153-B, PRATAP VIHAR, PART-1,

NANGLOI, DELHI-110086.                 … COMPLAINANT

                                    

 

Versus

 

M/s ARUN DEV BUILDER LTD.,

F-89/11, OKHLA INDL. AREA,

PH-I, NEW DELHI.

ALSO AT: BRANCH OFFICE:

SH. ATUL SHARMA (AGENT),

PLOT No. 27, 309, SAGAR TOWER No.2,

RANI BAGH, DELHI-110034.… OPPOSITE PARTY

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

 

Date of Institution: 14.03.2014

                                                                      Date of decision: 09.01.2018

SH. M.K. GUPTA, PRESIDENT

ORDER

 

1.       The complainant has filed the present complaint against the OPunder section 12 of the Consumer Protection Act, 1986 thereby alleging that Mr. Atul Sharma,an agent of OP approached the

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          complainant at the complainant’s premises on 05.10.2008 and showed a scheme provisional registration in future project flats at Dev City Bhiwari, Distt.-Alwar (Rajasthan) and the company is also carrying out work of construction of flats at Uttar Pradesh, Punjab & Haryana. The complainant further alleged that OP asked the complainant and also pressurized for booking one flat MIG measuring 610 sq. ft. which is a very good accommodation for medium-size family for dwelling purpose and all facilities would be provided like park, school, hospital, vehicle parking etc. and stated that Dev City is pollution free place and every street/gali is 20 feet broad and on very easy installment of Rs.5,000/- p.m. and 2 or 3 flats are remaining at site for booking. The complainant further alleged that the complainant believing with OP’s agent assurance took time for two days for purpose of booking flat at Dev City, Bhiwari and on 07.10.2008, OP calledthe complainant at branch office Rani Bagh.Thereupon the complainant and OP entered into contract at the said branch office whereby the complainant gave earnest money of Rs.65,000/- for flat provisional registration in future project. The complainant further alleged that OP obtained signature of the complainant as well as thumb impression on a form application for provisional registration project in which terms & conditions was/is written without registration no. and full filled before complainant by OP. The complainant further alleged that OP

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          has taken Rs.65,000/- as advance moneyfrom the complainant for booking of a flat at Dev City, Bhiwari and OP had given Rs.6,500/- as Dalali to the agent out of Rs.65,000/- and a receipt no. 2259 dated 07.10.2008 for a sum of Rs.58,500/- was executed and second receipt for a sum of Rs.65,000/- was executed on date 10.10.2008 by OP. The complainant further alleged that 127 installmentsof Rs.5,000/- each would be paid in 36 months. The complainant further alleged that as per demands of OP the complainant paid 32 installments to OP vide registration no. 642724 dated 10.10.2008 and the complainant paid Rs.2,38,500/- to OP w.e.f. 10.11.2008 to 10.10.2011. On 11.12.2011, the complainant went to visit to Dev City after depositing 32 installments, thereupon the complainant found that OP has not built-up flats at site and whole land is lying in condition of agriculture land/open field and was shocked and decided to cancel the registration of the flat and sought refund. The complainant further alleged that on 22.10.2013 the complainant sent a legal demand notice to OPto refund the sum of Rs.2,38,500/- alongwith interest @ 9% p.a. totaling Rs.4,13,558/- but OP did not pay any heed.The complainant lodged a complaint before ACP, Sultan Puri, and SHO, Aman Vihar vide DD No. 23B and the complainant further alleged that there is unfair trade practice and deficiency in service on the part of OP and OP has cheated the complainant.

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2.       On these allegations the complainant has filed the complaint praying for direction to OP to refund the amount of Rs.4,13,558/- to the complainant which has been paid by the complainant to OP alongwith interest @ 9% p.a. as well as compensation of Rs.1,00,000/- for causing mental pain, agony depression, frustration, monetary, wastage of time, conveyance etc. and also sought Rs.50,000/- as cost of litigation.

3.       Notices were issued to OP through speed post for appearanceon  15.05.2014, 04.09.2014& 14.10.2014. On 14.10.2014, AR for OP appeared and time was given for filing written statement by OP for 16.12.2014 and then for 08.01.2015, 23.02.2015 & time to file written statement was given on 23.02.2015 subject to cost of Rs.1,000/- till 14.05.2015. But none for OP appeared on 14.05.2015, nor written statement was filed and as suchOPwas proceeded ex-parte vide order dated 14.05.2015.

4.    In order to provethe case the complainant filed her affidavit in evidence and also filed written arguments. The complainant placed on record documents i.e. copy of provisional receipt no. 2259 dated 07.10.2008 of Rs.58,500/-, copy of application for provisional registration in future project, copy of payment of Rs.5,000/- p.m. w.e.f. 10.11.2008 to 10.10.2011, copy of ledger account of OP, copy of passport of the complainant, copy of statement of account issued by Citi Bank showing payment of amounts of Rs.5,000/- on different

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         dates in the account of OP,copy of legal notice dated 22.10.2013 alongwith AD card & postal receipt and copies of complaint dated 30.01.2014 to A.C.P. & SHO by the complainant.

5.    This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. It appears that even after receiving various communications from the complainant and even receiving legal notice from this forum of this case, the OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no defence at all. Accordingly, the OP is held guilty of unfair trade practice and deficiency in service.

6.Accordingly, the OP is directed as under:

i)    To refund to the complainant an amount of Rs.2,38,500/-  being the payment made by the complainant as well as an amount of Rs.1,75,058/- being interest @ 9% p.a. from the date of payment till filing of the complaint thereby totaling Rs.4,13,558/-.

ii)       To pay to the complainant an amount of Rs.1,00,000/- as compensation towards mental agony and harassment caused to the complainantwhich includes cost of litigation.

7.    The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing which

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          OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

 8.     Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 9^th day of January, 2018.

 

 

 

 

        BARIQ AHMED                           USHA KHANNA               M.K. GUPTA

           (MEMBER)  (MEMBER)       (PRESIDENT)

 

 

 

 

 

 

 

 

 

 

 

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