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.294/2012

SMT. INDIRA BHATT

W/O SH. A.P. BHATT

C/O K.K. UPERETI,

M-2/18, SHIKHA APARTMENT,

SECTOR-6, VASUNDHARA,

GHAZIABAD-201012, U.P.

                                                            …………. COMPLAINANT                                                                                           

                                                Vs.

THE DIRECTOR

M/S ARUN DEV BUILDERS LIMITED,

CORPORATE OFFICE:

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

NEW DELHI

                                    …………..RESPONDENT

                                                                                    Date of Order: 11.04.2016

O R D E R

A.S. Yadav – President

Complainant got a flat measuring 460 sq. yds registered in the project of OP at Mandhawar, Dehradun Road, Uttrakhand for a total consideration of Rs.5,00,000/- on 25.04.2007.  It is stated that OP promised to deliver the possession of the flat within three years.  Complainant paid Rs.25,000/- at the time of initial booking on 25.04.2007 and further paid 26 instalment of Rs.2,000/- each.  Complainant visited the site and found that no progress was going on at the site.  Complainant felt cheated.  OP made an alternative offer of a plot measuring 100 sq. yds for a sum of Rs.4,70,000/-.  Complainant contacted OP number of times and realised that she is not going to get the possession of the flat.  Accordingly a legal notice dated 29.02.2012 was served on OP seeking refund of Rs.87,000/- alongwith interest.  It is prayed that OP be directed to pay the claim amount of Rs.87,000/- with 18% interest and also to pay Rs.50,000/- for compensation and Rs.15,000/- for litigation charges.

OP in the reply took the plea that this Forum has not got territorial jurisdiction to entertain the complaint as the property in question is situated in district Haridwar, Uttrakhand.  It is further stated that there is not deficiency in service on the part of OP as OP is ready to hand over the flat if complainant is makes the complete payment. 

We have carefully perused the record.

So far as territorial jurisdiction of this Forum is concerned, it is significant to note that the registration application has been received in the office of the OP which is within the territorial jurisdiction of this Forum.  Initial booking amount and all the instalments have been received within the territorial jurisdiction of this Forum hence this Forum has got the territorial jurisdiction to entertain the present complaint.

Complainant has specifically stated that OP promised to hand over the possession within three years and complainant has already paid Rs.87,000/-.  OP has not placed anything on record to show that they have completed the project.  Even a legal notice was served on OP but that notice has not been replied.  OP has not sent any letter to complainant asking her to pay balance amount and for taking the possession.  The amount was to be paid in instalment and complainant has paid the instalments upto May 2011 but even then the flat was not allotted to complainant.  In fact as per complainant, OP has not made progress regarding construction of flat.  It is a clear cut case of deficiency in service on the part of OP.

OP is directed to pay the complainant a sum of Rs.87,000/- alongwith interest @ 9% p.a. from the date of filing of the complaint and also to pay Rs.20,000/- for compensation and Rs.10,000/- towards litigation expenses.

Let the order be complied with 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