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.56/2016
MRS. RAMA GARG
W/O LATE SH. RAJESH GARG
R/O D-702, AASHIANA APARTMENT
MAYUR VIHAR, DELHI-91
…………. COMPLAINANT
Vs
ARUN DEV BUILDERS LTD.
THROUGH ITS DIRECTORS/MANAGER
CORPORATE OFFICE:-
F-1211, C.R. PARK, NEW DELHI-110019
…………..RESPONDENT
Date of Order: 18.01.2019
O R D E R
A.S. Yadav – President
The case of the complainant is that in the year 2010, her husband Late Sh. Rajesh Garg purchased a plot No.B-68 admeasuring 125.58 sq. meters in the project of OP called “Arun Dev City”, Haridwar” situated at Rahmatpur, Atmal, Roorkee, Uttranachal and at the time of purchase, OP officials assured that they will make the aforesaid Arun Dev City, Haridwar as finest city of the area and fully develop the same and also provide various facilities in the aforesaid city and the same will be operational within few months. Op also promised and assured that they have obtained necessary approval for development of the said project from all the concerned authorities.
It is further stated that on 18.06.2010 the sale deed was executed and at the time of execution of the sale deed of the plot, there was no basic amenities such as water, electricity, roads and sewer drainage facilities available in OP aforesaid project and they assured that very soon OP shall provide the same to its customers. At the time of registration, husband of the complainant had made nomination in favour of the complainant and unfortunately her husband expired on 28.06.2013 and as per the nomination clause, the complainant has succeeded to allotment made in favour of her late husband and she has become the owner of the said plot.
It is further stated that as almost five years have passed of purchasing the aforesaid plot but till today there is no sign of any development or any facility in OP project and the project is in same position as it was at the time of purchase. The complainant several times asked, requested and contacted OP to fulfill their part by developing the aforesaid project, but they did not give any satisfactory/positive response to the complainant. The complainant on several occasions requested OP to refund the amount paid for purchasing the aforesaid plot i.e. Rs.4,59,573/- and Rs.49,500/- spent towards the execution of sale deed. Finally on 28.07.2015 the complainant sent a legal notice through regd. AD which was duly served upon OP but OP till date have neither replied the said notice nor complied with it.
Terming the action of OP as deficiency in service, the present complaint has been filed whereby the complainant has sought refund of the total amount of Rs.5,09,073/- i.e. Rs.4,59,573/- paid towards the purchase of the plot and Rs.49,500/- paid towards expenses incurred on the execution of sale deed and also sought compensation and litigation expenses.
OP was proceeded ex parte on 04.07.2016.
Admittedly the husband of the complainant purchased a plot on 18.06.2010 by way of registered sale deed. Once the sale deed was executed in favour of the husband of the complainant by OP, he virtually ceases to be a consumer.
Further in this case the cause of action arose on 18.06.2010 i.e. the date of purchase of plot. The husband of the complainant unfortunately died on 28.06.2013 and he did not file any complaint against OP during his life time. The present complaint has been filed 08.02.2016 by the complainant who is w/o late Shri Rajesh Garg. The same is hopelessly barred by limitation. Hence the complaint is dismissed.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(H.C. SURI) (A.S. YADAV)
MEMBER PRESIDENT
