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.646/2013

SH. SARJEET KUMAR

H.NO.3-B-KILOKRI VILLAGE,

NEAR MAHARANI BAGH,

NEW DELHI-110014

                                                            …………. COMPLAINANT                                                                                           

                                                Vs.

M/S ARUN DEV BUILDERS LTD.

89/11, F-BLOCK, OKHLA, PHASE-I,

NEW DELHI-110020

                                    …………..RESPONDENT

                        Date of Order:07.09.2016

O R D E R

A.S. Yadav – President

In March 2007, complainant booked a flat in the project of OP at Mandwar, near Rurkee, Haridwar and paid a sum of Rs.25,000/-.  Rest of the amount was to be paid in the monthly instalments of Rs.2,000/- for twenty years and the possession was to be delivered within three years.  Complainant paid instalments regularly till 27.08.2010.  After that he was informed that the project is delayed for two-three years and in case complainant wants, he can take money back .  Thereafter complainant applied for refund of the amount vide application dated 05.05.11.  The said application was duly received by OP alongwith original receipts.  However, the amount was not refunded despite reminders dated 29.05.12, 30.05.12, 04.06.12, 12.06.12 and 07.09.12.  Hence this complaint has been filed wherein complainant has prayed for recovery of amount as well as compensation.

Right of OP to file the reply was closed on 17.09.15. 

We have carefully perused the record.

It is significant to note that complainant has specifically stated that he initially paid Rs.25,000/- and regularly paid the instalment @ Rs.2,000/- per month for more than three years.  OP has promised to give possession within three years but in August 2010 complainant was informed that the project is further delayed for two-three years and if he wants he can take refund of the amount.  OP assured that the invested money will be refundable with interest within four months from the date of cancellation of registration.  Complainant moved an application for refund of the amount on 05.05.2010 but the same was not refunded despite number of reminders.  It is a clear cut case of deficiency in service on the part of OP. 

OP is directed to refund the amount of Rs.1,07,000/- alongwith interest @ 9% p.a. from June 2011.  Complainant is also entitled for compensation amounting to Rs.15,000/- and litigation expenses amounting to Rs.5,000/-.

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