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.50/2014

MR. HIMMAT SINGH

S/O SH. ANAND SINGH

R/O HOUSE NO.37, RAJPUR EXTENSION,

NEW DELHI-110068

…………. COMPLAINANT                                                                                     

VS.

1. CHAIRMAN & MANAGING DIRECTOR

2. MANAGER

M/S ARUN DEV BUILDERS LTD.

F-89/11 OKHLA INDUSTRIAL AREA, PHASE-I,

NEW DELHI-110020

      …………..RESPONDENTS

                                                                                             Date of Order:05.09.2016

O R D E R

A.S. Yadav – President

The case of the complainant is that he applied for one flat in the project of OP at Mandhawar, Uttrakhand in March 2007.  Complainant was allotted flat No.C-24, 2^nd floor.  Complainant paid a total amount of Rs.1,22,000/- to OP.  OP promised that the possession will be handed over in three years.  However, complainant was informed that there is some problem regarding acquisition of land.  Accordingly complainant contacted OP but OP did not give any satisfactory reply to complainant hence complainant requested OP to refund the amount.  Complainant was informed that it will take about nine months to refund the amount and after passing the period of seven years, complainant was informed that OP is ready to refund the amount without interest.  It is stated that it is a clear cut case of deficiency in service on the part of OP.  It is prayed that OP be directed to refund the amount of Rs.1,22,000/- alongwith interest, compensation and litigation charges.

OP did not file the reply despite number of opportunities given to him, accordingly right of OP to file the reply was closed on 15.09.15.

We have heard Ld. Counsel for complainant and carefully perused the record.

Complainant has placed on record the details of the payment given by him to OP.  Those details have been furnished by OP showing that complainant has paid a total amount of Rs.1,20,000/- to the OP.

It is proved from the unrebutted testimony of complainant that there was problem regarding acquisition of land for the project.  Complainant was justified in seeking refund of the amount paid by him to OP.  Non-refunding of the amount by OP tantamounts to deficiency in service on the part of OP.

            OP is directed to refund Rs.1,22,000/- to complainant alongwith interest @ 9% p.a. from 2013.  OP is also directed to pay Rs.15,000/- 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)                     (RITU GARODIA)                        (A.S. YADAV)

        MEMBER                               MEMBER                                  PRESIDENT