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.520/2010
SHRI RAJIV KUMAR SETIA
S/O SH. P.L. SETIA
R/O A-1, HIMKUNJ APARTMENTS,
SECTOR-14, ROHINI, DELHI
…………. COMPLAINANT
Vs.
- THE MANAGER
ARUN DEV BUILDERS GROUP,
F-1211, CHITRANJAN PARK,
NEW DELHI-110019
- SH. MANOJ BHARDWAJ(MAIN DIRECTOR)
ARUN DEV BUILDERS LTD.,
612, YAMUNA APARTMENT,
HOLI CHOWK, DEVLI, KHAN PUR,
NEW DELHI-110062
SECOND ADDRESS
F-89/11, OKHLA PHASE-I, NEW DELHI
…………..RESPONDENTS
Date of Order:17.08.2016
O R D E R
A.S. Yadav – President
Complainant booked a flat measuring 460 sq. ft. in Arun Dev City Mandawar, near Haridwar, Rurki(Uttranchal) in the year 2007 and initially paid a sum of Rs.25,000/- and thereafter paid 36 monthly instalments of Rs.2,000/- each. OP assured that the possession of the flat shall be delivered within two years and if they are not able to allot the flat within two years, they will refund the amount. It is stated that in May 2009 complainant got invitation regarding Bhoomi Poojan of the project however the same was not performed on account of some dispute with the Govt. authorities. OP assured complainant that they will definitely give the possession maximum in three years however the project was not completed and complainant sought refund of the amount alongwith 24% interest. OP failed to refund the amount. It is stated that it is a clear cut case of deficiency in service on the part of OP. It is prayed that OP be directed to refund Rs.97,000/- alonwith interest @ 24% p.a. and also pay Rs.2 lakhs for mental agony caused, Rs.1 lakh for deficiency in service and Rs.25,000/- for litigation expenses.
OP in reply denied that there was any deficiency in service on their part.
We have heard Ld. Counsel for the parties and carefully perused the record.
OP has not disputed that it assured to give the possession within two years and later on promised to deliver the possession within three years. It is an admitted fact that complainant has paid an initial sum of Rs.25,000/- and 36 instalments of Rs.2,000/- each, in all complainant paid Rs.97,000/- to OP. The booking was made in 2007 whereby it was assured that the possession will be delivered within two years.
Even the invitation for Bhoomi Poojan was sent after more than two years and that too was not performed. Later on OP assured to deliver the possession in three years even that was not done. It is significant to note that complainant has placed on record a letter dated 24.06.10 whereby an offer has been made to the persons who have booked the flat in Mandawar project to take allotment in another project at Dahiyaki in Uttrakahand. It clearly shows that in fact OP was not able to fulfil its promise. It is a clear cut case of deficiency in service on the part of OP.
So far as lack of territorial jurisdiction is concerned, initially OP has not taken any objection regarding lack of jurisdiction on the part of this Forum to adjudicate the present complaint. However, during the course of proceeding, an application was moved in this regard. It is significant to note that the application has been moved just to delay the proceedings. It is an admitted fact that the plot was booked through the branch office of OP which is situated within the territorial jurisdiction of this Forum. Initial payment was made to that branch office and all subsequent instalments were paid to that branch office and all the receipts have been issued by the branch office. Hence this Forum has got the jurisdiction to entertain the present complaint.
It is evident from the letter dated 29.07.10 that OP was not able to complete the project. Hence complainant is entitled for refund of Rs.97,000/-alongwith interest @ 9% p.a. from August 2010. Complainant is also entitled for compensation amounting to Rs.10,000/- and litigation expenses amounting to Rs.5,000/-.
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
