Delhi

North East

CC/346/2016

NAVEEN KR. AAHUJA - Complainant(s)

Versus

ARUN DEV BUILDER - Opp.Party(s)

08 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 346/16

 

In the matter of:

		Naveen Kumar Pahuja S/o Late Ishwar Chand Pahuja R/o House No. 262, 4-Marla, Model Town, Gurgaon.		Complainant
		Versus
		Arun Dev Builders Ltd. F-1186, C R Park New Delhi-110019. Through its Managing Director Also At:- F-1211, Basement Chitranjan Park New Delhi-110019.		Opposite Party
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :		15.12.2016 08.10.2018 08.10.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member:-

 

ORDER

1. The case of the complainant is that he had come across advertisement/ propaganda by the OP of their upcoming project named as ‘Dev City’ – Roorkee, with respect to which, the OP had also got printed brochures with respect to the said project. The complainant, lured by the above mentioned advertisement, booked a 100 sq. yards residential plot for personal use with OP in September 2006 against which the complainant paid Rs. 50,000/- towards advanced registration to OP vide cheque/DD No. 143700 dated 30.09.2006 drawn on HSBC Bank and further paid sum of Rs. 60,000/- each towards first and second installment towards the said flat on 30.11.2006 and 27.05.2007 respectively and the said payment were duly acknowledged by the OP. Thereafter, the complainant was issued allotment letter dated 15.04.2007 with respect to the plot No. D 386 in Arun Dev City Roorkee, Haridwar on NH-58 by OP. However, the complainant has submitted that he had visited the site number of times but there was no progress on the site and ultimately the complainant demanded, vide cancellation letter dated 09.07.2011 on the standard format of the OP requested for refund of the deposited amount of Rs. 1,70,000/- and cancellation of his registration / application qua the said project. The OP vide belated response dated 13.11.2013 to the complainant assured the complainant that his payment will be transferred to his HDFC Bank account between 25^th November to 30^th November 2013. However, the OP never honored its commitment to refund the said amount for which reason the complainant was constrained to issue a legal dated 27.10.2016 demanding refund of the deposit amount and also lodged a police complaint alongwith complaint with the economic of offence of Delhi police on 09.12.2016 and 13.12.2016 respectively. However, no action was taken and therefore the complainant was lastly constrained to file the present complaint after exhausting all attempts alleging deficiency of service and unfair trade practice by the complainant and therefore vide present complaint the complainant has prayed for directions to the OP to refund the amount of Rs. 1,70,000/- paid by the complainant to the OP towards the sale consideration of the plot booked by him with OP alongwith 18% interest p.a. thereon till realization. The complainant also prayed for issuance of directions to OP to pay Rs. 50,000/- to the complainant on account of damages besides compensation on account of loss of opportunity and punitive damages and Rs. 20,000/- towards litigation expenses. 

The complainant has attached copy of receipts for payments made by the complainant and acknowledged/ received by OP to the tune of Rs. 50,000/-, Rs. 60,000/- and Rs. 60,000/- towards advance registration, first installment and second installment respectively paid between September 2006 to May 2007, copy of allotment letter dated 15.04.2007, copy of cancellation / refund letter dated 09.07.2011, copy of payment will issue letter by OP dated 13.11.2013 to the complainant, copy of legal notice by the complainant dated 27.10.2016 with postal receipts, copy of police complaint dated 09.12.2016 by the complainant to ACP Delhi Police and copy of complaint to DCP, EOW, Delhi Police dated 13.12.2016 by the complainant.

2. Notice was issued to the OP on 20.12.2016 and 18.01.2017 and again on the fresh / current address on OP on 05.05.2015 however OP failed to appear despite repeated notices and barring a mere presence on 30.05.2017 wherein OP sought time to file reply, OP failed to appear thereafter and was proceeded against ex-parte vide order dated 17.07.2017.  
3. Ex- parte Evidence by way of affidavit and written arguments were filed by the complainant on 26.02.2018 and 07.05.2018 respectively, reiterating his grievance against the OP.  
4. We have heard the arguments addressed by the complainant and perused the material documentary evidence placed on record.

It has gone unrebutted that the complainant had paid a sum ofRs. 1,70,000/- from the period September 2006 to May 2007 towards the said plot to the OP duly acknowledged by the OP vide receipts issued by it in favour of the complainant towards the part payment of sale consideration of the residential plotbooked by complainant with OP at its Dev City Roorkee project However, the OP failed to file any defence much less any explanation by way of any documentary proof or justification for not refunding / returning the said amount to the complainant despite cancellation and refund request form filled by the complainant in July 2011 as per the OP’s own format which to our opinion is an unfair trade practice on the part of OP in not returning the legitimate dues of the complainant despite being under monetary and contractual liability to do so since the OP had failed to complete / deliver the project within the promised time period for possession and registry thereof to the complainant.

5. We therefore find merit in the case of the complainant and allow the present complaint against the OP and direct the OP to refund Rs. 1,70,000/- alongwith simple interest @ 9% p.a. from the date of filing of the complaint till realization. We also direct the OP to pay a sum of Rs. 10,000/- as compensation to the complainant on account of damages, loss of opportunity and punitive damages and Rs. 5,000/- towards cost of litigation to the complainant payable by OP. Let the order be complied within 30 days from the date of receipt of this order.          
6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 08.10.2018

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member