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.243/2012

MS. ASHA KUMRIA

C-8/252 A,

KESHAV PURAM,

DELHI-110035

…………. COMPLAINANT                                                                                      

                                                VS.

M/S ARUN DEV BUILDERS,

CORP. OFF. – F-1211, C.R. PARK,

DELHI-110019

REGD. OFF. – 12, HOLY CHOWK,

DEVLI, NEW DELHI-110062

      …………..RESPONDENT

                                                                                             Date of Order: 29.10.2015

O R D E R

A.S. Yadav – President

            The case of the complainant is that she has booked a flat on 29.1.2007 in the project of OP named ‘Arun Dev City – Haridwar’.  The total estimated cost of the flat was Rs.5,95,500/-.  Complainant was assured that flat will be completed and possession will be handed over within 18 months.  Complainant paid total amount of Rs.4,07,200/- in instalments as and when demanded by OP.  Though more than 5 years have passed but complainant did not receive any intimation from OP regarding the progress of the project.  Only one communication was received from OP wherein OP has stated that they have started project and assured to cover up the delay.  Complainant visited the site and found that no flats are being constructed.  It is stated that it is a clear cut case of deficiency in service.  Complaint requested for refund of the amount.  Finally in July 2011, OP agreed to refund the amount and asked the complainant to deposit the original documents.  The original documents were deposited despite that the amount was not refunded by OP.

OP in the reply have not disputed that complaint has booked a flat in the project of OP.  It is not disputed that possession was to be delivered in 18 months.  Admittedly possession was not delivered in 18 months.  It is not disputed that complainant asked for refund of the amount.  It is not disputed that the complainant submitted the original documents. 

OP did not file evidence and was proceeded ex parte on 01.10.2014.  We have heard Ld. Counsel for complainant.

It is proved on record that complainant has booked a flat with OP and paid a sum of Rs.4,07,200/- to OP. 

It is proved from the unrebutted testimony of the complainant that possession was to be delivered in 18 months from the date of booking.  It is proved that even after more than five years of the booking of the flat, there was no progress in the project.  It is not disputed that complainant agreed for the refund of the money and deposited the original documents with OP as required by OP  however till date OP has not refunded the amount. 

It is a clear cut case of deficiency in service on the part of OP.  OP has no defence at all. 

OP is directed to refund the amount of Rs.407200/- alongwith interest @ 10% p.a. from the date of deposit.  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.

             (D.R.TAMTA)                                                         (A.S. YADAV)

                 MEMBER                                                               PRESIDENT