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.364/2016

MRS. KIRAN LALWANI

W/O SH. DEEPAK KUMAR

R/O K-36, PUNJABI GALI,

KOTLA MUBARAK PUR,

NEW DELHI-110003

                                             …………. COMPLAINANT                                                                           

Vs

ARUN DEV BUILDERS LTD.

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

                                                          …………..RESPONDENT

Date of Order: 16.01.2019

O R D E R

A.S. Yadav – President

The case of the complainant is that she booked a flat measuring 350 sq. ft. in the upcoming project of OP by the name of “Dev City Bhiwadi” and paid a sum of Rs.30,000/- at the time of booking in March 2008.  Thereafter further amount was deposited in installments and in all the complainant paid a sum of Rs.2,18,000/-.  OP was liable to hand over the possession of the said flat within 36 months from the date of registration.  OP vide letter dated 17.08.2009 informed the complainant for allotment of flat in the said project.  However, it was revealed that there was no project by the name of Dev City Bhiwadi of OP, hence the complainant vide letter dated 08.10.2016 sought refund of the amount but OP failed to return the amount of the complainant.  Terming the action of OP as deficiency in service, the present complaint has been filed whereby the complainant has sought refund of the amount with interest and also sought compensation.

Notice of the complaint was duly sent to OP but OP decided not to appear and was proceeded ex parte. 

It is proved beyond doubt from the affidavit of the complainant that she has paid a total sum of Rs.2,18,000/- to OP for allotment of plot.  As per the booking form, in case the company unable to give possession within 36 months of registration then the complainant was entitled to get the amount refunded with a simple of 9% per annum.  In this case OP was not in a position to deliver the possession even after passing of more than seven years.  The complainant sought refund of the amount vide letter dated 08.10.2016.  That letter was duly sent to OP, postal receipt is placed on record.  Despite service of notice, the amount was not refunded.  It is a clear cut case of deficiency in service on the part of OP.

OP is directed to refund the amount of Rs.2,18,000/- to complainant alongwith interest @ 10% p.a. from October 2016.  OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- 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.

            (H.C. SURI)                                                    (A.S. YADAV)

             MEMBER                                                      PRESIDENT