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.352/2013
MRS. ANITA GAUTAM
B-201, SANGAM VIHAR,
NEW DELHI-110062
…………. COMPLAINANT
VS.
- THE MANAGING DIRECTOR,
M/S ARUN DEV BUILDERS PVT. LTD.,
F-89/11, OKHLA INDUSTRIAL AREA,
NEW DELHI-110020
ALSO AT:-
THE MANAGING DIRECTOR,
M/S ARUN DEV BUILDERS LTD.,
F-1211, CHITRANJAN PARK,
NEW DELHI-110019
- THE MANAGING DIRECTOR,
ARUN DEV BUILCON P. LTD.,
612, HOLY CHOWK, DEVLI, KHANPUR,
NEW DELHI-62
………….. RESPONDENTS
Date of Order:06.10.2015
O R D E R
A.S. Yadav – President
The case of the complainant is that she had booked a flat measuring 400 sq. ft. in the project of OP at Devli, Sangam Vihar, New Delhi. The price of that flat was fixed at Rs.11,76,000/-. Complainant paid a sum of Rs.1,50,000/- towards that flat.
At the time of the booking of the flat OP has promised to allot a flat bearing No.P-18 but later on the same had been allotted to somebody else. Later on OP had offered another flat bearing No.P-7 but again the same had been allotted to somebody else. OP also told the complainant that bank loan would be available but it transpired that OP was not having clear title of the land on which the said flats were proposed to be constructed, hence the bank refused to give the loan.
Complainant was aggrieved by the false promise of the OP and repeated change in the allotment of the flat and accordingly decided to withdraw from the project and asked OP to refund her money. OP assured complainant that money will be refunded and asked her to submit the original papers. Complainant submitted all the papers and despite request made by her number of times money was not refunded.
Complainant has prayed for refund of Rs.1,50,000/- alongwith interest @ 24% and Rs.2 lakh towards compensation and Rs.35,000/- towards litigation expenses.
Despite number of opportunities given to OP, OP failed to file written statement hence right of OP to file WS was closed.
We have heard Ld. Counsel for complainant as well as Sh. Anirudh, advocate for the OP and carefully perused the record. It is proved form unchallenged testimony of complainant that she has booked a flat with OP and paid a sum of Rs.1,50,000/-. She was promised that she will be allotted flat No.P-18 but later on the same had been allotted to somebody else. Later on OP had offered another flat bearing No.P-7 but the same was also allotted to somebody else. OP also assured complainant that bank loan would be available but OP was not having clear title of the land on which the said flats were proposed to be constructed, hence the bank refused to give the loan. It is a clear cut case of deficiency in service on the part of OP.
OP is directed to pay a sum of Rs.1,50,000/- to the complainant alongwith interest @ 9% p.a. from the date of filing of the complaint i.e. 01.07.2013 plus a compensation of Rs.10,000/- 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.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
