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.494/2014
MRS. SHEELA YADAV
W/O SH. RAHUL YADAV
R/O AG-1, 143-A, VIKASHPURI,
NEW DELHI-110018 …………. COMPLAINANT
Vs.
- M/S ARUN DEV BUILDERS LTD.
F-1186, CHITRANJAN PARK,
NEW DELHI-110019
ALSO AT:-
- D-153/A, OKHLA INDUSTRIAL AREA,
PHASE-I, NEW DELHI-110020
- 612, YAMUNA APARTMENT,
HOLI CHOWK, DEVLI, KHAN PUR,
NEW DELHI-110062
- F-1211, CHITRANJAN PARK,
NEW DELHI-110019
- MR. RAJESH MALIK
ADMINISTRATIVE MANAGER
M/S ARUN DEV BUILDERS LTD.
F-1186, CHITRANJAN PARK,
NEW DELHI-110019
- MR. MANOJ BHARDWAJ
MANAGING DIRECTOR
F-1211, CHITRANJAN PARK,
NEW DELHI-110019
- MRS. NINA BHARDWAJ
MANAGING DIRECTOR
F-1211, CHITRANJAN PARK,
NEW DELHI-110019 …………..RESPONDENTS
Date of Order:05.09.2016
O R D E R
A.S. Yadav – President
Complainant booked a flat in “Dev City” project of OP at Bhiwadi measuring 350 sq. ft. for total consideration of Rs.4,23,850/- with initial booking amount of Rs.30,000/- and rest of the amount was to be paid in 182 monthly instalments of Rs.2,000/- each.
In the application for registration, it was specifically stated that in case the company unable to give possession within 36 months of registration, then applicant shall be entitled to get the amount refunded with 9% interest. Complainant paid the instalments without any delay till March 2011 i.e. for three years. Complainant visited the construction site in the month of March 2011 and was shocked to discover that there was no construction or any sign of construction at the site. On 10.10.11 complainant received a letter from OP. Excerpts of the letter are reproduced as under:-
“We apologize for the small delay and hope that you accept our apology and forgive us. We will do everything in our power to make sure type of delay does not occur in future. We will shortly start our construction work of flats at Bhiwadi and we assure you that we will give possession of flat within eighteen to twenty months and no further delay will occur in future.”
After receiving the assurance from the OP, complainant further paid five post dated cheques of Rs.2,000/- each. Complainant again visited the site on 31.05.12 and shocked to discover that there was no sign of construction at all. Hence complainant was constrained to seek refund of the amount. Complainant was asked to fill up cancellation application for refund, however, complainant refused to fill up the application as in that application the entire burden of the cancellation was shifted to complainant. 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 the amount paid by complainant to OP alongwith interest and compensation.
Right of OP to file the reply was closed on 31.08.15.
We have carefully perused the record.
It is proved from unrebutted testimony of complainant that she booked the flat in March 2008 and continuously paid the instalments till March 2011. However, no construction activities were carried out, 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 the amount of Rs.1,40,000/- alongwith interest @ 9% p.a. from April 2011. Complainant is also entitled for compensation amounting to Rs.20,000/- 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
