DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.248/2013
Ms. Madhu Singh
E-42, Hauz Khas,
New Delhi-110016 ….Complainant
Versus
Arun Dev Builders Ltd.
F-89/11, Okhla Industrial Area,
Phasee-I, Delhi-110020
Also at:
F-1211, C. R. Park,
New Delhi-110019 ……Opposite Party
Date of Institution : 26.04.13 Date of Order : 08.02.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainant is that she had booked an EWS flat of 460 sq. ft. with the OP at Shahpura, Rajasthan on 06.03.07 by paying an amount of Rs.25,000/- as booking amount on 19.3.2007 and the balance was to be paid in installment of Rs.2000/- each for 16 years, totaling Rs.5,01,860/-. She paid Rs. 47,000/- in all. The rate was given as Rs.1091/- per sq. ft. at pre-launch stage; that the OP’s agent had clearly stated that the OP had not received the sanctions of Director, Town and Country planning of Govt. of Rajasthan. She did not receive any allotment letter even after sending various letters to them though the OP had promised to give allotment letter within the stipulated period of six months. It is evident that the booking payment was collected in 2007 at the prelaunch stage which was illegal. She had visited the OP office many times but all the times commercial executives of OP gave false promises. The OP was demanding installment when there was no construction at the site. The OP demanded external development charges and internal development charges. She was fed up and having lost hope of the flat applied and requested for refund on 07.08.12. OP asked for all the original documents. She deposited all the original documents and an indemnity bond was also taken by OP which was acknowledged by the OP on 07.08.12. She visited several times and sent reminders to the OP but no refund was received till date. Hence, there is a deficiency in service on the part of OP. The Complainant has prayed as under:-
- Direct the OP to refund the total paid amount of Rs.47,000/- alongwith 18% interest from the date of deposit to the Complainant and further interest till actual payment , which upto 30.04.13 comes to Rs.90,005/-.
- Direct the OP to pay Rs.1 lacs to the Complainant as cost of harassment and mental agony.
- Direct the OP to pay Rs.25,000/- as cost of litigation and other connected litigation expenses.
OP in the written statement has interalia stated that the Complainant paid the money for the allotment of the flat but it was clearly mentioned that in case she failed to pay three monthly installments the flat will be automatically cancelled and 85% amount will be refunded after cutting various expenses by OP. The Complainant paid only 12 installments and hence she is entitled to claim 85% i.e. Rs.42,000/- whereas she has claimed complete amount with interest. The booking amount was deposited under the contract for allotment of flat and not for refund. They are ready to allot the flat if she makes the payment as per agreement. She was defaulter after some installments and, therefore, she has no right to approach the Forum as it is a breach of contract. The OP has prayed for dismissal of the complaint.
No rejoinder has been filed on behalf of the Complainant
Complainant has filed her own affidavit in evidence and written arguments whereas no affidavit in evidence and/or written arguments have been filed on behalf of the OP.
We have heard the arguments on behalf of the Complainant and have also gone through the file very carefully.
We straightaway come to the question, whether refusal to refund the amount of Rs.47,000/- to the Complainant by the OP was justified? If so, whether the Complainant is not entitled to any relief?
Parties have failed to mark exhibit nos. or annexure nos. on their respective documents.
Admittedly, the Complainant had booked an EWS flat of 460 sq. ft. in the proposed scheme of OP at Arun Dev City, Shahpura, Rajasthan and paid a sum of Rs.25,000/- as booking amount vide receipt No.11095 dated 01.04.2007 (for the purpose of identification we mark the document as Annexure-I). The Complainant has filed receipts of Rs.2,000/- each for 11 months paid to the OP (for the purpose of identification we mark the document as Annexure-II). In all, she paid Rs. 47,000/- to the OP. The OP vide letter dated 19.11.2008 informed the Complainant to deposit the balance of Rs.18,000/- as soon as possible (for the purpose of identification we mark the document as Annexure-III). The Complainant vide letter dated 07.08.12 applied for cancellation of registration of EWS flat and refund the deposited amount of Rs.47,000/- (for the purpose of identification we mark the document as Annexure-IV).
OP has not filed copy of the contract/agreement to show that in case of making default in payment of three consecutive instalments, only 85% of the deposited amount had to be returned to the complainant. Moreover, the OP has not filed any evidence on the record to show that it had started the construction of the flat or that the complainant had been asked to make the payment of Rs. 18,000/- as construction link payment. Therefore, in our considered opinion, the OP was not justified in deducting 15% of the amount and to say that the complainant is entitled to be paid back only Rs. 42,000/-. Therefore, we hold the OP guilty of deficiency in service. Therefore, we allow the complaint and direct the OP to refund Rs.47,000/- alongwith interest @ 9% per annum from the date of filing of the complaint till realization, Rs.10,000/- for mental torture and harassment undergone by the Complainant including cost of litigation within a period of 30 days from the date of receipt of copy of this order.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 8.2.2016.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 248/13
08.02.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is allowed. OP is directed to refund Rs.47,000/- alongwith interest @ 9% per annum from the date of filing of the complaint till realization, Rs.10,000/- for mental torture and harassment undergone by the Complainant including cost of litigation within a period of 30 days from the date of receipt of copy of this order. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
