Delhi

East Delhi

CC/457/2016

PARVEEN KE - Complainant(s)

Versus

ARUN DEV BUILDER - Opp.Party(s)

07 Mar 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.  457/16

 

1. Shri Parveen Kumar Garg
2. Mrs. Raj Rani Garg

Both at

R/o 3/26, East Punjabi Bagh

New Delhi – 110 026                                                   ….Complainant

 

Vs.

 

1. M/s. Arun Dev Builders Ltd.

Through its Directors & General Manager

F-1211, Chittranjan Park

New Delhi – 110 019

Also at: D-153A, 2^nd Floor,

Okhla Industrial Area, Phase-I

Behind Courtesy Honda, Delhi – 110 020

 

2. Shri Manoj Tondon

G.M. of M/s. Arun Dev Builders

F-1211, Chittranjan Park

New Delhi – 110 019                                                      …Opponents

 

Date of Institution: 31.08.2016

Judgement Reserved on : 07.03.2018

Judgement Passed on: 08.03.2018

 

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 Parveen Kumar Garg and   Mrs. Raj Rani Garg against M/s. Arun Dev Builders Ltd. (OP-1) and        Shri Manoj Tondon, G.M. of OP-1 (OP-2) under Section 12 of the Consumer Protection Act, 1986 with allegations of deficiency in service. 

2.         The facts in brief are that the complainant Shri Parveen Kumar Garg and his wife Mrs. Raj Rani Garg booked a plot of size 100 sq. yds.            @ Rs. 1991/- per sq. yd. at Shahpura, Rajasthan and deposited a sum of    Rs. 50,000/- vide cheque no. 923718 dated 15.12.2006 drawn on The Delhi State Co-operative Bank Ltd. against which receipt no. 451 of dated 27.12.2016 for Rs. 50,000/- was issued by M/s. Arun Dev Builders (OP-1).  The complainants got registration no. 14239 of their plot.  The complainants were assured that possession of the plot will be given at the earliest, but they did not keep their promise till 2014. 

            The complainants approached many a times to M/s. Arun Dev Builders (OP-1) for possession of the plot, but on each occasion, they avoided the matter on one pretext or the other.  Not only that, even they did not give any satisfactory reply, but told the complainants to have a refund of booking amount of Rs. 50,000/- with interest, if they have no faith on the respondents.  They handed over a printed proforma to the complainants for surrender/cancellation of registration of plot and refund the entire booking amount.  The complainants were shocked to learn this.  They submitted the proforma alongwith original receipt no. 451 dated 27.12.2006.  They were informed that the amount will be released shortly. 

            Since the company have not refunded the amount, the complainants gave a legal notice of dated 20.01.2016.  Thus, they have stated that the complainants have been harassed by the respondents.  Hence, they have prayed for refund of Rs. 50,000/- alongwith interest @ 24% p.a.;              Rs. 1,00,000/- compensation towards harassment, mental torture, pain, agony and suffering and Rs. 21,000/- towards cost of litigation.

3. While admitting the complaint, one of the OP i.e. M/s. Mukesh Jain Properties were deleted from array of parties and notice was issued to    M/s. Arun Dev Builders (OP-1) and Shri Manoj Tondon (OP-3).  Complainant filed amended memo of parties making M/s. Arun Dev Builders (OP-1) and Shri Manoj Tondon (OP-2).  OPs were served, but they did not put the appearance, hence they have been proceeded ex-parte.
4. In support of its case, the complainants have examined themselves on affidavit.  They have deposed the facts which have been stated in the complaint.  They have also got exhibited documents such as copy of application and receipt no. 451 (Annexure-A and Annexure-B), copy of proforma submitted for surrender of plot (Annexure-C), copy of blank cheque submitted with respondent (Annexure-D), copy of legal notice and postal receipts (Annexure E) and reply dated 08.02.2016 (Annexure-F).  They have also filed bank statement (Annexure-X). 
5.  

Further, Annexure-C showed that the complainant got registration of plot cancelled and returned the original receipt no. 451 of dated 27.12.2006.Thus, from the evidence on record, it is evident that complainant booked the plot on paying an amount of Rs. 50,000/- in the year 2006.Though the complainant have got the plot cancelled, but the fact remains that he has got the plot cancelled under compelling circumstances as the possession was not handed over to the complainant even after a period of 8 years from the date of booking.

            When the possession has not been handed over to the complainant even after a period of 8 years, there was no other option for the complainants to get the plot cancelled.  This delay also amounts to deficiency in service.  Thus, we order that M/s. Arun Dev Builders (OP-1) shall refund an amount of Rs. 50,000/- to the complainants alongwith 9% interest from 2010.  Further, we award compensation of Rs. 20,000/- which includes the cost of litigation. 

            The order be complied within 30 days from the date of order.  If not complied, the amount of compensation of Rs. 20,000/- 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