CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.126/2013
- MR. VINOD KUMAR
- MR. KAMAL KUMAR JAIN
- MS. SUMITRA
ALL RESIDENT OF:-
H.NO.11/205, DAKSHINPURI,
NEW DELHI
.……. COMPLAINANTS
Vs.
ARUN DEV BUILDERS
F-89/11, OKHLA PASE-1,
NEW DELHI-110020
…………..RESPONDENT
Date of Order:11.09.2018
O R D E R
A.S. Yadav - President
The complainants No.1 and 2 are real brothers and the complainant No.3 is their mother. The case of the complainants is that the complainants No.1 and 2 jointly booked a plot measuring 100 sq. ft. in the Dev City project of OP at Bhiwadi, Rajasthan on 02.06.2008 and paid a sum of Rs.1 lakh and the complainant No.3 booked a flat measuring 350 sq. ft. in the same project and paid Rs.30,000/- vide cheque dated 29.09.2008. The complainants No. 1 and 2 paid a total amount of Rs.1,54,000/- by way of cheque and cash and the complainant No.3 paid a sum of Rs.90,000/-.
It is submitted that the complainants visited the site and found that nothing was going on there. Rather they have been shown a different place than the place which was shown earlier. Under these circumstances the complainants No.1 and 2, submitted the application for refund of the amount which was duly received by OP on 08.12.2011 and as asked by OP also submitted original documents. Likewise the complainant No.3 submitted the application for refund of the amount which was duly received on 02.02.2012 alongwith original documents. Despite receipt of the application for refund and original documents, the amount was not refunded.
OP in reply took the plea that the complainants are not consumers and this Forum lacks territorial jurisdiction to entertain the present complaint. It is submitted that total cost of the plots was Rs.7,87,950/- out of which the complainants have paid only Rs.2,44,000/-. It is submitted that the complainants have committed default in making payment. There was no deficiency in service on the part of OP. It is prayed that the complaint be dismissed.
We have gone through the case file carefully.
So far as territorial jurisdiction is concerned, it is an admitted fact that the office of OP is situated within the territorial jurisdiction. Entire transaction took place there. Hence this Forum has got territorial jurisdiction to entertain the present complaint.
The complainants are indeed consumers as they booked flats and made payment of Rs.2,44,000/-. The project was not started. The complainants have specifically stated that they visited the site and found that nothing was going on the site and even the site was changed. This fact is not denied by OP in its reply. The amount was not refunded despite receipt of original documents and application in this regard. It is a clear cut case of deficiency in service on the part of OP.
OP is directed to pay a sum of Rs.1,54,000/- to the complainant No.1 and the complainant No.2 alongwith interest @ 9% p.a. from January 2012. OP is further directed to pay a sum of Rs.10,000/- towards compensation and Rs.5,000/- towards litigation expenses.
Likewise OP is directed to pay a sum of Rs.90,000/- to the complainant No.3 alongwith interest @ 9% p.a. from March 2012. OP is further directed to pay a sum of Rs.10,000/- towards compensation and Rs.5,000/- towards litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(RITU GARODIA) (H.C. SURI) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
