CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO. CC/266/2016

Date of Institution:-08.08.2016

Order reserved on:05.04.2023

Date of Decision:-12.04.2023

IN THE MATTER OF:

Amit Arora

S/o Late Sh. P. L. Arora

R/o B-11A, 2^nd Floor,

Asha Park, Jail Road,

Tilak Nagar, New Delhi                                                                  ......Complainant

VERSUS

Arun Dev Builders Limited

Through its Managing Director

D-153A, 2^nd Floor, Okhla

Phase-1, Near Honda Showroom

New Delhi - 11002                                                                       .…..Opposite party

O R D E R

Per R. C. Yadav, Member

1. The brief facts of the case are that in 2007 Sh. Swaroop Singh and his son applied for registration for allotment of flat measuring 200 sq. yards in “Dev City” Bhiwadi (Rajasthan) with the OP and paid Rs.1,30,000/- on 17.12.2007 for allotment of the flat vide letter of allotment dated 17.12.2007.

2. The said allotment was transferred in the name of complainant vide letter dated 03.03.2014. Complainant visited the office of the OP for asking of the possession of the flat but OP kept delaying the matter on one pretext or other and possession of the flat was not delivered. Complainant also sent a legal notice dated 19.11.2015 to the OP but to no use. It is alleged that OP neither handed over the possession of the flat nor refunded the amount paid in total Rs.1,90,000/- by the first party i.e. Sh. Swaroop Singh. The receipt of Rs.1,30,000/- and Rs.60,000/- were filed by the complainant which was paid to OP. No other receipt/documents was placed by the complainant. It is alleged that OP has neither handed over the possession of the flat nor refunded the amount paid by complainant and this act of OP amount to deficiency-in-service, monopolistic and unfair trade practice. Hence, this complaint seeking refund of amount Rs.3,80,000/- from OP but complainant had not filed the proper receipt the money paid to OP. Complainant also prays Rs.50,000/- for mental harassment and Rs.20,000/- for litigation charges.

3. The OP was served who did not enter appearance and was proceeded ex-parte vide order dated 19.05.2017.

4. Complainant has filed his ex-parte evidence in support of his case.

5. The case of the complainant is that he had booked a plot measuring 200 sq. yards “Dev City” Bhiwadi (Rajasthan) with the OP and paid Rs.1,30,000/- on 17.12.2007 for allotment of the flat vide letter of allotment dated 17.12.2007. However, when the complainant asked for the possession of the flat, the OP kept delaying it on one pretext or the other and no possession of the flat was delivered. The complainant also sent a legal notice dated 19.11.2015 to the OP but to no use. The case of the complainant is supported by documents like legal notice, allotment letter and application for provisional registration to the complainant by the OP. This case of the complainant does not suffer for any factual or legal defect. The allegation made by the complainant have gone unchallenged uncontested and unrebutted and as such whatever has been placed on record is required to be believed from the facts of the case and evidence placed on record. It is clear that despite receipt of Rs.1,90,000/- from the complainant, the OP neither handed over the possession of the flat nor refunded the amount to the complainant and this act apparently and clearly constitutes deficiency in service, unfair trade practice on part of the OP.

6. Accordingly, we allow the complaint and direct the OP to refund Rs.1,90,000/- to the complainant with interest @6% p.a. and Rs.50,000/- as lump sum for mental agony and litigation charges within the 45 days from the date of filing the complaint. Failing which OP shall be liable to pay the entire amount with interest @9% p.a. till realization.

• Order be given dasti to both parties.
• The file be consigned to record room thereafter.