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.484/2013
SHRI RAJESH PARWANI
S/O SH. BHAJAN PARWANI
R/O F-10/95, SECTOR 15, ROHINI,
DELHI-110085
…………. COMPLAINANT
AND
Case No.485/2013
SHRI SUBHASH CHANDRA DUBEY
S/O SH. R.Y. DUBEY
R/O F-11/64, SECTOR 15, ROHINI, DELHI-110085
…………. COMPLAINANT
Vs.
- M/S ARUN DEV BUILDERS LTD.,
F-1186, C.R. PARK, NEW DELHI-110019
THROUGH ITS DIRECTOR/DIRECTORS
- SH. MANOJ BHARDWAJ, DIRECTOR,
M/S ARUN DEV BULDERS LTD.,
B-8, RAJU PARK, NEW DELHI-110062
…………..RESPONDENTS
Date of Order:10.11.2016
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.484/2013 are detailed.
In brief the case of the complainant is that he booked a flat measuring 350 sq. ft. in Dev City project of OP at Bhiwadi, Rajasthan. The total cost of the flat was Rs.4,16,850/-. A sum of Rs.25,000/- was payable at the time of booking and Rs.25,000/- was payable at the time of start of the construction and the balance amount was to be paid in 183 monthly instalment of Rs.2000/- each. The complainant paid a booking amount of Rs.25,000/- vide cheque dated 11.09.07 and thereafter OP vide letter dated 10.04.08 informed complainant that Bhoomi Poojan of the project is to be conducted on 17.04.08. OP vide letter dated 15.05.08 informed complainant about start of construction and asked him to pay amount of Rs.25,000/- which was duly paid by complainant. Thereafter OP allotted flat No.D-129/11 to complainant vide allotment letter dated 17.08.09. Thereafter complainant paid monthly instalment of Rs.2,000/- each till March 2013. Complainant paid a total amount of Rs.1,86,000/- towards cost of the flat. Thereafter complainant visited the site and was shocked to find that OP has not even started the project. Complainant contacted OP at their office number of times but officials of OP refused to meet him on one pretext or the other. It is stated that there is deficiency in service on the part of OP. It is prayed that OP be directed to either handover the possession of the flat or in alternative refund the current market value of the flat alongwith interest @ 24% p.a. and also pay Rs.7 lakhs as compensation and Rs.55,000/- as litigation expenses.
OP in reply took the preliminary objection that this Forum lacks territorial jurisdiction as the property in question is situated at Bhiwadi and only the courts at Bhiwadi has the territorial jurisdiction. It is stated that there is no deficiency in service on their part. The project has been started and one block is complete however, it is the complainant who has not paid the amount. OP is ready to hand over the flat in case the entire amount is paid. It is prayed that the complaint be dismissed.
In rejoinder complainant has specifically stated that what to talk about start of construction, even necessary permission has not been granted to OP.
We have carefully perused the record.
It is proved on record that booking was made by complainant in 2007 by making a payment of Rs.25,000/- and thereafter further an amount of Rs.25,000/- was paid in April 2008 and further monthly instalments of Rs.2000/- were paid till 2013. In fact complainant paid a total amount of Rs.1,86,000/-. Complainant has specifically stated that he visited the site and was shocked to learn that project has not been started at all by the OP. Complainant has categorically stated that even requisite permission has not been obtained from the appropriate government. The onus was on the OP to show that they have obtained requisite permission from appropriate government and that the project has been completed or that they have obtained completion certificate. In fact OP has not placed anything on the record to suggest that they have even started the project. It is a clear cut case of deficiency in service on the part of OP.
So far as territorial jurisdiction of this Forum is concerned, it is an admitted fact that entire transactions took place at the branch office of OP which is situated within the territorial jurisdiction of this Forum. Hence this Forum got territorial jurisdiction to entertain the present complaint.
In case No.484/2013, OP is directed to refund Rs.1,86,000/- alongwith interest @ 10% p.a. from the date of filing of the complaint. OP is further directed to pay Rs.20,000/- towards compensation and Rs.5,000/- towards litigation expenses.
In case No.485/2013, OP is directed to refund Rs.1,56,000/- alongwith interest @ 10% p.a. from the date of filing of the complaint. OP is further directed to pay Rs.20,000/- 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.
(D.R. TAMTA) (RITU GARODIA) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
