CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110016

Case No.242/2016

MR. ARUN KUMAR

S/O LATE SHRI SEWA RAM,

R/O. 1857, RAVIDASS BASTI,

KOTLA MUBARAKPUR

NEW DELHI-110017                                       .…..COMPLAINANT

Vs.

1. ARUN DEV BUILDER LIMITED

F-1211, C.R. PARK, NEW DELHI-110019.

THROUGH ITS DIRECTOR,

PRESENT ADDRESS,

ARUN DEV BUILDER LIMITED

D-153, IInd FLOOR,

OKHLA PHASE-I,

NEW DELHI

THROUGH ITS DIRECTOR                      .…..RESPONDENT 

Date of Institution-28/07/2016

           Date of Order- 13/05/2022

  O R D E R

RASHMI BANSAL– Member

The present complaint has been filed by the complainant for deficiency of services committed by opposite party, whereby OP is failed to give the possession of the flat booked by complainant in the year 2009 till today despite receiving the payment of Rs. 2,00,000/- as per scheme and promise to give possession within 36 months from the date of booking and assured returns under the scheme floated by him.

This is the submitted by complainant that he had booked a  fully furnished residential flat of OP  project Arun Dev City, Haridwar, for total consideration of Rs. 6,56,775/- , vide registration form dated 15.01.2009, whereby OP had promised to give possession within 36 months from the date of registration, along with assured returns of 3000/- p.m. after the payment of third instalment till the time of handing over the possession of the flat to the complainant, which is likely to be given within two years. The project plan marked as Exhibit Annexure P/1 along with the registration form no. 55502 dated 15.01.2009. The complainant had paid an amount of Rs. 2 lakh in installment as follows:

1. Rs. 50,000/-, the booking amount, vide cheque number- 000022, dated 15.01.2009, Exhibit P/2, vide receipt number EDC-HRD/55502/1/666 dated 16.01.2009, Exhibit P/3
2. Rs. 50,000/- vide cheque number 000035, dated 14.05.2009, Exhibit Annexure P/4 vide receipt number a DC/HRD/55502/2/743 dated 28.05.2009, Exhibit annexure P/6
3.  Rs. 1,00,000/ vide cheque number 000064 dated 16.05.2010, Annexure P/5, vide receipt number EDC/ HRD /55502/3/812 dated 27.05.2010, Exhibit Annexure P/7

This is stated by the complainant that the opposite party has paid the amount of Rs. 3000/- p.m. towards assured returns to the complainant from 18.02.2011-19.03.2014, through cheque in his bank account, shown as Exhibit Annexure P/8, bank statement, but thereafter OP has stopped to make the payment.

This is the grievance of complainant that the opposite party neither give possession over the flat to complainant nor deposited the agreed amount after 19.03.2014 and thus committed deficiency of services by violating the terms and conditions of the scheme as promised and cheated the complainant by making false and fake promises to handover the possession of the residential flat within 36 months and to give assured returns till the handing over the possession. The complainant prayed for directing the opposite party to refund the total amount of  Rs. 2 lakh as deposited by the complainant with 18% interest per anum from 15.01.2009 i.e. from the date of registration, Rs.2 lakhs towards the compensation for mental agony and physical harassment to the complainant, and 25,000 towards the litigation expenses along with other or further orders to be passed in the interest of justice.

Upon notice, opposite parties failed to appear, despite service and, as such, he was proceeded ex - parte, vide order dated 15.09.2016.

To prove his claim, the complainant, along with the complaint, filed his self-attested affidavit, ex – parte evidence and photocopies of documents, marked as exhibits.

We have heard learned counsel for the complainant and have gone through the written arguments submitted on his behalf and record of the case carefully.

The documents filed by the complainant shows that he has paid the amount of Rs. 2 lakhs to opposite party. This is also established by the passbook of the complainant that the opposite party has paid the amount of  Rs. 3000/- per month to the bank account of complainant till 19.03.2014 from 18.02.2011. This is also shown by the complainant that thereafter the opposite party has stopped the payment of Rs. 3000/- per month as there is no entry in the passbook to that effect after 19.03.2014.

Since the OP is proceeded ex – parte, thus, all the averments made in the complaint are deemed to have been admitted by the opposite parties and the evidence led by the complainant stands unrebutted, for which an adverse inference is to be drawn against them as there is no denial/rebuttal to averments/evidence of the Complainant.

Upon considering all the facts, circumstances and documents on record, this commission is of considerate view that by not providing the possession of the flat to the complainant despite receiving the consideration for the same, and not paying assured returns as promised, OP committed deficiency of service on his part. Further, retention of  Rs.  2 lakhs with him, as paid by complainant, for all these years through from 2009 till 2022, OP has also caused financial loss to the complaint, thus showing unfair trade practice on the part of OP. Accordingly, the complaint filed by the complainant is allowed and following directions are issued to the opposite party:

1. To refund the entire amount deposited by the complainant, i.e. 2,00,000/-  ( Rupees Two Lakhs) along with interest, on account of financial loss suffered by the complainant for depriving him of the utilization of the said amount during the period it remained with the opposite party, calculated at the rate of 10% per annum from the respective dates of deposit till realization;
2. To pay Rs. 50,000/- Rupees Fifty Thousand only) as compensation for the mental agony and harassment etc. suffered by the complainant,
3. To pay Rs. 15,000/- towards litigation costs and other expenses.
4. The compliance of this order shall be made by the opposite party within a period of 90 days from the date of passing of the order, failing which the entire amount shall carry the further interest @12% p.a. from the 91^st day of the date of order till the date of actual realisation by the complainant.

The file be consigned to the record room after providing copy of the order to the parties free of cost.

The consumer complaint could not be decided within the statutory period due to heavy pendency of Court cases. The order be uploaded on the website www.confonet.nic.in

The order contains ... pages and bears my signature on each page.

(Dr. RAJENDER DHAR)              (RASHMI BANSAL)        (MONIKA SRIVASTAVA)

       MEMBER                                            MEMBER                           PRESIDENT