| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II Udyog Sadan, C-22 & 23, Qutub Institutional Area (Behind Qutub Hotel), New Delhi- 110016 Case No.98/2014 SMT. MEENA W/o Shri Rajiv Kumar R/o D-313, Sarojini Nagar, New Delhi-110023 ….Complainant Versus M/S ARUN DEV BUILDTECH PVT. LTD. Regd. Office at: 612, Yamuna Apartments, Holi Chowk, Devil Village, New Delhi-110062 Through its Director Also at: F-1211, C.R. Park, New Delhi-110019 ….Opposite Party Date of Institution : 10.03.2014 Date of Order : 25.04.2022 Coram: Ms. Monika A Srivastava, President Ms. Kiran Kaushal, Member Sh. U.K. Tyagi, Member ORDER Member: Sh. U.K Tyagi - Complainant has requested vide its Complaint to pay a sum of Rs. 7,78,990/- and a sum of Rs.26,000/- (Totalling to Rs.8,04,990/-) towards cost of plot alongwith interest @24% p.a; to award a sum of Rs.50,000/- as damages towards Compensation for mental agony; and a sum of Rs. 9,000/- towards cost of legal notice & litigation expenses etc.
- Brief facts of the case are that the Complainant paid money through Cash/Cheques to M/s Arun dev Builtech Pvt Ltd. (hereinafter referred to as OP) by way of timely payment of instalments till date amounts to Rs.7,78,990/- towards the cost of Plot no. 555, 556, 559 & 560 (200 sq yds) in Jasana, Faridabad. It is also averred that the Complainant also spent Rs. 26,000/- towards construction of boundary wall of said plot. It was further added that the said boundary wall was got demolished by the owner of the land. The Complainant learnt by this act of demolition that the OP did not have ownership of the said plot even though, the OP agreed to sell these plots to the Complainant. It establishes that the OP had ab intio malafide intentions to dupe the hard earned money of the Complainant. The Complainant kept running from pillar to post in order to get her money back but no avail. As such, the acts of the OP come under the purview of the deficiency in service. The Complainant also suffered great mental pain and agony. The Complainant also got a legal notice served upon the OP but no reply has ever been received.
- The Complainant filed evidence by way of affidavit and Written Submission. Oral argument were also heard & concluded. It may be noticed that the complaint was admitted in this Commission & notice was issued for 29.04.2014.
- Counsel for OP present on 29.04.2014 & filed its Vakalatnama and sought adjournment to file its Written Statement. The same was granted to 04.06.2014 at the levy of cost of Rs. 1,000/-. None was present on behalf of OP thereafter, hence OP was proceeded exparte and its defence was also closed. Case was adjourned to 22.08.2014 for filing the exparte evidence by the Complainant. Later on one Adv. appeared for OP and noted down the next date of hearing. Thereafter neither the OP nor any representative on its behalf, put up appearance in this Commission. As such, the OP lost the opportunity to put up counter evidence to the averments/contentions/evidence of the complainant.
- The Complainant has placed copy of pass-book having terms & conditions indicating the amounts received in respect of Yamuna Vihar (Jasana). The same is exhibited as EX-CW-1/2. The Complainant also gave cancellation application and refund of the amount so deposited, is exhibited as EX-CW-1/3 and EX-CW-1/4.
- This Commission has gone into the material placed on record carefully and also taken into consideration the oral arguments. Since the OP was proceeded exparte and defence was closed on its being absent. Hence, this Commission has no other option to verifed the veracity of documents/material placed before us by the Complainant. The Complainant also placed on record pass-book of payment receipt which might have been given by OP to the plot-holder of Jasana Project. It is also noted that some payments have been made through cheques. The receipts are also found enclosed which also indicates the payment received through Cheques & Cash. As such, this Commission is of the view that payments were made by the Complainant to the OP.
- In view of the facts & circumstances of the case, this Commission is of the considered opinion that the OP is squarely responsible for deficiency in service and direct the OP to refund the entire amount of Rs. 8,04,990/- (Rs. 7,78,990+ Rs.26,000/-) alongwith interest @6% p.a and Rs.10,000/- as compensation for mental agony and harassment etc. within 3 months from the date of order failing which the rate of interest shall be levied @9% p.a till its realisation of entire amount.
File be consigned to the record room after giving a copy of the order to the parties. | |
