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.196/2013                                      

MS. SUMAN TIWARI

W/O SH. ASHOK KUMAR TIWARI

R/O RZ-19D, STREET NO.21B,

SADH NAGAR, PART-II, PALAM COLONY,

NEW DELHI-110045

…………. COMPLAINANT                                                                             

Vs.

M/S ARUN DEV BUILDERS LTD.

F-89/11, OKHLA PHASE-1,

NEW DELHI-110020

                                  …………..RESPONDENT

                                 Date of Order:03.12.2018

O R D E R

A.S. Yadav - President

The case of the complainant is that he booked a flat in the upcoming project of OP at Shahpura and paid a sum of Rs.25,000/- vide cheque dated 17.02.2007 and the balance amount was to be paid in monthly installments of Rs.2,000/-.  In all the complainant paid a sum of Rs.69,000/-.  When the complainant visited the office of OP, she was surprised to know that OP has stopped the construction of the project and OP informed the complainant that they have started a new project at nearby site and they will provide the flat in that project.  The complainant visited office of OP number of times and OP on one pretext or the other avoided the complainant and neither returned the amount nor gave the possession.  The complainant was constrained to send a legal notice dated 03.09.2012, even despite service of legal notice, the amount was not refunded.  Terming the action of OP as deficiency in service, the present complaint has been filed whereby the complainant has prayed for refund of Rs.69,000/- alongwith interest and also sought compensation and litigation expenses.

OP in reply took the plea that there is no deficiency in service on the part of OP.  It is stated that this Forum lacks territorial jurisdiction as the project is situated in district Jaipur, Rajasthan.  Moreover the present complaint is barred by limitation as booking amount was paid upto March 2009 whereas the complaint has been filed in October 2012.  It is submitted that the complainant had to pay 36 installments but she only paid 22 installment as such the complainant committed default in paying installment.  It is denied that OP stopped the project.  It is also submitted that the complainant is entitled for 85% of the amount deposited.  It is prayed that the complaint be dismissed.

We have gone through the case file carefully.

So far as territorial jurisdiction is concerned, it is an admitted fact that the office of OP is situated within the territorial jurisdiction of this Forum.  The application for booking was received in that office, all payments were received in that office, even the legal notice was sent to that office, entire cause of action arose at Delhi hence this Forum has got territorial jurisdiction to entertain the present complaint. 

There is no question of the complaint being barred by limitation as neither amount was refunded nor possession was delivered. 

It is proved on record that the complainant booked a flat in the project of OP in February 2007 and paid a sum of Rs.69,000/- till March 2009.  The complainant has specifically stated that she visited the office of OP and OP informed that the construction has been stopped and they have acquired a new site and the flat will be allotted on that site.  It is significant to note that OP has not placed anything on record to show that they have completed the construction.  The complainant has paid 22 installments out of 36 installments.  OP has not placed anything on the record to show that OP was going ahead with the completion of the project.  The complainant was justified in seeking refund of the amount, however, OP failed to refund the amount.  It is a clear cut case of deficiency in service on the part of OP.

OP is directed to refund a sum of Rs.69,000/- alongwith interest @ 10% p.a. from the date of filing of the complaint.  OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- 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.

    (RITU GARODIA)                                    (H.C. SURI)                                                   (A.S. YADAV)

        MEMBER                                                MEMBER                            PRESIDENT