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.551/2013
- MR. SANDEEP KUMAR
S/O SH. KRISHAN CHANDER
- MR. KULDEEP SINGH
S/O SH. KRISHAN CHANDER
BOTH RESIDENT OF:-
215A, VPO BARONA, DISTICT SONEPAT
…………. COMPLAINANTS
Vs.
M/S ARUN DEV BUILDERS LTD.
F-1186, C.R. PARK, NEW DELHI-110019
THROUGH ITS MANAGING DIRECTOR/CONCERNED OFFICER
…………..RESPONDENT
Date of Order:22.01.2019
O R D E R
A.S. Yadav - President
The case of the complainant is that he booked a unit measuring 350 sq. ft. in the upcoming project of OP at Bhiwadi, Rajasthan and paid a total sum of Rs.1,16,000/-. It is stated that due to some unavoidable circumstances, the complainant was compelled to cancel the booking and he submitted an application for refund of the amount on 18.10.2011. That application was duly received by OP but the amount was not refunded. The complainant was compelled to send a legal notice. Despite service of legal notice, the amount was not refunded. Terming the action of OP as deficiency in service, the present complaint has been filed.
Notice of the complaint was duly issued to OP. Appearance was put up on behalf of OP on 10.01.2014. Thereafter the matter was adjourned number of times for filing of the reply and ultimately OP was proceeded ex parte on 08.10.2015.
We have gone through the case file carefully.
It is proved from the unrebutted testimony of the complainant that he booked a unit measuring 350 sq. ft. in the upcoming project of OP at Bhiwadi, Rajasthan and initially paid a sum of Rs.23,000/- on 12.11.2007. Thereafter the complainant made payment from time to time and in all paid a sum of Rs.1,16,000/-. There is nothing on the record to show that OP has gone ahead with the project. The complainant has stated that due to some unavoidable circumstances, he was compelled to cancel the booking and therefore he moved an application for refund of the amount. That application was duly received by OP on 18.10.2011 and as desired by OP, the original documents were submitted, however, the amount was not refunded.
It is a clear cut case of deficiency in service on the part of OP.
OP is directed to refund a sum of Rs.1,16,000/- alongwith interest @ 9% p.a. from 01.01.2010 as the last payment was made by the complainant to OP in December 2009. OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation expenses.
Let the order be complied 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.
(H.C. SURI) (A.S. YADAV)
MEMBER PRESIDENT
