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.423/2014

SHRI RAJU TIWARI

S/O SH. OM PARKASH

R/O C-23, NEAR RADHA KRISHNA MANDIR,

MASJID WALI GALI, SULTANPUR, MEHRAULI,

NEW DELHI-110030

                     …………. COMPLAINANT                                                                                  

Vs.

M/S ARUN DEV BUILDTECH PVT. LTD.,

612, YAMUNA APARTMENTS,

HOLI CHOWK, DEVLI VILLAGE,

NEW DELHI-110062

THROUGH ITS PROP.

                                                          …………..RESPONDENT

                                                                                 Date of Order:22.09.2016

O R D E R

A.S. Yadav, President

            In brief the case of the complainant is that he booked a plot measuring 54 sq. yards in Yamuna Vihar Residential project of OP at Faridabad.  The total cost of the plot was Rs.1,89,000/- out of which complainant paid a sum of Rs.1,27,000/-.  The details of the payment are mentioned in para-2 of the complaint.  Complainant visited the site number of times and requested OP to allot the said plot however, OP on one pretext or the other putting of the matter. It is stated that finally complainant sought refund of the amount.  However, neither the amount was refunded nor the plot was handed over.  It is stated that it is a case of deficiency in service on the part of OP.  It is prayed that OP be directed to refund Rs.1,27,000/- alongwith interest and pay compensation of Rs.2 lakhs.

OP did not file the reply even after imposing of cost.  OP was proceeded ex parte on 05.8.15.

We have heard Ld. Counsel for complainant and carefully perused the record. 

The details of the payment have been mentioned in para 2 of the complaint.  Complainant has placed on record the receipts regarding the amount however those receipts show that complainant has paid Rs.1,17,200/- only.  In fact in his written argument, complainant has stated that he has paid total amount of Rs.1,17,200/-, the documents on the record also show that an amount of Rs.1,17,200/- was paid by complainant.  It is proved from the unrebutted testimony of complainant that OP failed to deliver the possession of the flat even 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 Rs.1,17,200/- alongwith interest @ 10% p.a. from February 2013.  OP is further directed to pay Rs.10,000/- towards compensation and Rs.5000/- 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