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.549/2014

SHRI RAMESHWER DAS

S/O SH. LAL CHAND

R/O H.NO.642, GALI NO.4,

BADALI ROAD, BAHADURGARH,

DISTRICT JHAJJAR(HR) 124507

                     …………. COMPLAINANT                                                                                  

Vs.

M/S ARUN DEV BUILDERS LTD.,

THROUGH ITS DIRECTOR

REGISTERED OFFICE AT:-

D-153 A, 2^ND FLOOR, NEAR HONDA,

OKHLA, NEW DELHI-110019

                                                          …………..RESPONDENT

                                                                                 Date of Order:21.09.2016

O R D E R

A.S. Yadav, President

            In brief the case of the complainant is that he booked a flat in the project of OP at Shahpura in Rajasthan measuring 460 sq. yds and paid initial amount of Rs.25,000/- vide cheque dated 17.03.07.  Thereafter complainant made various payments and in all paid Rs.59,000/- however, complainant did not get any information regarding allotment of the flat.  Complainant personally visited registration office of OP at Okhla number of times but no information was provided.  Complainant finally decided to take back his money and submitted an application in this regard on 02.11.10 in the office of OP and OP assured to refund the amount within one month however, the amount was not refunded.  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.59,000/- alongwith interest and also to pay compensation and litigation expenses.

Right of OP to file the reply was closed on 31.8.15.  OP was proceeded exparte.

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

Complainant has placed on record the details of bank account showing the amount paid to OP.  It is proved from the unrebutted testimony of complainant that OP failed to deliver the possession of the plot 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.59,000/- alongwith interest @ 9% p.a. from 2011.  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