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.401/2012
- SH. SANJIV AHUJA
- SH. RAJIV AHUJA
BOTH S/O SH. BADAL KUMAR AHUJA
R/O G-120, 2ND FLOOR,
ASHOK VIHAR, PHASE I,
DELHI-110052
…………. COMPLAINANTS
Vs.
M/S ARUN DEV BUILDERS LTD.
THROUGH ITS DIRECTORS/M.D.
F-89/11, OKHLA PAHSE I,
NEW DELHI-110 020
…………..RESPONDENT
AND
Case No.402/2012
- SH. BADAL KUMAR AHUJA
S/O SH. S. RANJIT SINGH AHUJA
- SMT. SHASHI AHUJA
W/O SH. BADAL KUMAR AHUJA
BOTH R/O G-120, 2ND FLOOR,
ASHOK VIHAR, PHASE I,
DELHI-110052
…………. COMPLAINANTS
Vs.
M/S ARUN DEV BUILDERS LTD.
THROUGH ITS DIRECTORS/M.D.
F-89/11, OKHLA PAHSE I,
NEW DELHI-110 020
…………..RESPONDENT
Date of Order:12.05.2016
O R D E R
A.S. Yadav – President
By this order we shall dispose of the aforesaid complaints as the common question of fact and law is involved. For the sake of reference, facts of case no.401/12 are detailed.
Complainants booked a plot measuring 200 sq. yds. @ Rs.3191/- per sq. yds. In Dev City, Bhiwadi and paid a sum of Rs.1 lakh to OP towards registration amount vide receipt dated 28.4.2008. Thereafter complainants made part payments from time to time as demanded by OP and thus complainants have paid a total sum of Rs.4,88,000/- to OP. OP allotted provisional plot No.EA-160 to complainants.
It is further stated that at the time of booking of said plot, OP assured to hand over the possession of plot to complainants within 18 months from the date of booking otherwise complainants will have the right to ask for the withdrawal of money by giving 30 days notice.
It is further stated that vide letter dated 03.10.2011 OP admitted the delay in the said project and apologized for the same and also assured to start construction work of plot and give the possession of plot till Dec-Jan.2011-2012.
It is prayed that OP be directed either to hand over the possession of allotted plot or to pay a sum of Rs.4,88,000/- to complainants with itnerst @ 24% p.a. from the and Rs.2 lakhs towards ocmpesnationa nd Rs.55000/- towards litigation expenses.
OP in the reply took the plea that this Forum does not have territorial jurisdiction as the plot is situated at Bhiwadi, Rajasthah. It is further stated that OP has never assured to hand over the possession within 18 months. It is stated that complainant has committed default in the payment and instalment and has not paid the sum despite asking. It is stated that there was no deficiency in service on the part of OP. It is prayed that the complaint be dismissed.
We have gone through the written submissions of the parties and carefully perused the record.
It is not in dispute that complainants booked plot in the project of OP and the total value of the plot was Rs.6,38,000/- out of which complaint paid a sum of Rs.4,88,000/- however the possession was not handed over. In fact the letter dated 03.10.2011 clinches the entire issue wherein they have apologized for delay in the project and further promised to hand over the possession till December 2011. It is a clear cut case of deficiency in service on the part of OP as in more than three years, OP was not able to complete the project. OP has not placed demand letter on the record to show that any default has been committed by complainants. Complainants have paid almost 80% of the amount with no prospect of possession being handed over. Complainants were fully justified in asking for the refund of the amount.
OP is directed to refund the amount of Rs.4,88,000/- to complainants alongwith interest @ 9% p.a. from the date of filing of complaint. OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation cost.
Likewise in case No.402/2012 also OP is directed to refund the amount of Rs.4,88,000/- to complainants alongwith interest @ 9% p.a. from the date of filing of complaint. OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation cost.
Let the order be complied 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
