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.459/2011
SH. MAMAN CHAND GOEL
R/O 19/7 KALYAN PURI,
DELHI-110091
THROUGH HIS ATTORNEY/SON MR. DEEPAK CHAND GOEL
…………. COMPLAINANT
Vs.
- M/S ARUN DEV BUILDERS LTD.,
CORPORATE OFFICE:
F-89/11, OKHLA INDUSTRIAL AREA PHASE-I,
NEW DELHI-110020
- SH. MANOJ BHARDWAJ,
MANAGING DIRECTOR
M/S ARUN DEV BUILDERS LTD.,
CORPORATE OFFICE:
F-89/11, OKHLA INDUSTRIAL AREA PHASE-I,
NEW DELHI-110020
…………..RESPONDENT
AND
Case No.460/2011
SH. SHYAM SUNDER AGRAWAL
C/O 19/12 KALYAN PURI,
DELHI-110091
THROUGH HIS ATTORNEY/SON-IN LAW MR. DEEPAK CHAND GOEL
…………. COMPLAINANT
Vs.
- M/S ARUN DEV BUILDERS LTD.,
CORPORATE OFFICE:
F-89/11, OKHLA INDUSTRIAL AREA PHASE-I,
NEW DELHI-110020
- SH. MANOJ BHARDWAJ,
MANAGING DIRECTOR
M/S ARUN DEV BUILDERS LTD.,
CORPORATE OFFICE:
F-89/11, OKHLA INDUSTRIAL AREA PHASE-I,
NEW DELHI-110020
………….. RESPONDENT
Date of Order:13.04.2016
O R D E R
A.S. Yadav – President
By this order we shall dispose of the aforesaid complaints as the common question of fact and law is involved. For the sake of reference, facts of case no.459/2011 are detailed.
In brief the case of complainant is that he booked a plot measuring 460 Sq. ft. @ 1091 sq. ft. in the project of OP at Mandhwar, Uttrakhand and paid a sum of Rs.25,000/- vide bank draft No.89653 dated 14.02.07. Balance amount was to be paid in monthly instalments @ Rs.2000/- per month. Complainant paid 13 instalments amounting to Rs.26,000/- till April 2008.
It is further stated that complainant visited the site and found that no project was in construction at the site as the land was not in possession of OPs and also there was no sign board of OP. Thereafter complainant stopped paying the instalments. On demand of refund, OPs had sent a letter in the year 2009 to all the customers stating that land approval has been obtained and Bhoomi Poojan was to be organized on 29.08.2009. OP also offered its customers to get their registration transferred to its other project namely Dayaki Project situated at the different location with raised demand and further stated that the project will be completed earlier in time. Complainant was not satisfied with the conduct of OP and demanded refund of his amount. However, the same was not returned. It is stated that it is a clear cut case of deficiency in service on the part of OP as even after taking the money, no progress was made towards the construction of project. Rather complainant was compelled to get his registration transferred to their other project.
The main contention of OP is that this Forum has no territorial jurisdiction to entertain the present complaint as the plot in question is situated in Uttrakhand. We do not find any force in the submission of OP as it is significant to note that the booking amount was received in the corporate office of OP which is within the territorial jurisdiction of this Forum hence this Forum has got the territorial jurisdiction to entertain the present complaint.
OP in the reply has not disputed the receipt of the amount. OP has not placed anything on the record to suggest that they have purchased the land and obtained the necessary permission from the appropriate government except invitation for bhoomi poojan wherein it is stated that they have obtained registration from the government and has applied for sanction meaning thereby that even no sanction was issued to OP till 2009. The project was already delayed. So far as the transfer of the registration to the other project is concerned, the reply of OP in this regard is totally evasive. It is a clear cut case of deficiency in service on the part of OP.
OP is directed to refund Rs.51,000/- to complainant alongwith interest @ 9% p.a. from 2008. OP is also directed to pay Rs.10,000/- as compensation and Rs.5,000/- towards litigation expenses each in both the above said cases.
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
