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.544/2013

MRS. RITA SINGH

W/O SH. PINKESHWAR

R/O B/23 PHASE-4, AYA NAGAR EXT.,                           

NEW DELHI-110047

…………. COMPLAINANT                                                                               

                                    VS.

M/S ARUN DEV BUILDERS LIMITED

CORPORATE OFFICE AT:-

F-89/11, OKHLA INDUSTRIAL AREA,

PHASE-I, NEW DELHI-110020

ALSO AT:-

OFFICE AT:

F-1211, CHITTARANJAN PARK,

NEW DELHI-110019

THROUGH ITS MANAGING DIRECTOR

      …………..RESPONDENT

                                                                                             Date of Order: 15.02.2016

O R D E R

A.S. Yadav – President

The case of the complainants is that she booked a plot measuring 150 sq. yds. in the Dev City Bhiwadi project of OP and paid a total sum of RS.2,13,000/-.  Due to certain financial conditions, complainant was not able to pay the balance amount.  Accordingly she requested OP for refund of her amount vide letter dated 02.05.2011 which was duly received by OP on 03.05.2011.  OP promised to refund the amount of the complainant vide letter dated 14.03.2012 but till date the amount has not been refunded by OP.

OP was proceeded ex parte on 01.10.2014.

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

It is proved from unchallenged testimony of the complainant as well as documents placed on record that she deposited a sum of Rs.2,13,000/- with the OP towards a plot measuring 150 sq. yards.

It is also proved that on account of financial condition, complainant was not able to pay balance amount and accordingly requested OP vide letter dated 02.05.2011 to refund the entire amount.  Vide letter dated 14.03.2012, OP promised to return the amount in 24 months starting from 20.04.2012 but till date not a single penny has been refunded despite various calls made by complainant to OP. 

It is a clear cut case of deficiency in service on the part of OP.

OP is directed to refund a sum of Rs.2,13,000/- to complainant alongwith interest @ 9% from June 2011.  OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- for 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)                                                         (A.S. YADAV)

                 MEMBER                                                               PRESIDENT