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.120/2012

SH. VED KUMAR PAHWA

A-248, SUDERSHAN PARK,

NEAR MOTI NAGAR,

NEW DELHI-110015

                                                            …………. COMPLAINANT                                                                                           

                                                Vs.

M/S ARUN DEV BUILDERS(M/S PBNK DEVELOPERS (P) LTD.)

F/1186 BASEMENT, C.R. PARK,

NEW DELHI-110019

                                                …………..RESPONDENT

                                                                                    Date of Order: 16.07.2015

O R D E R

A.S. Yadav – President

In brief the case of the complainant is that he applied for 116 sq. yds. Cottage at Haridwar on seeing the booklet sent at his address by M/s Arun Dev Builders(PBNK Developers) and paid Registration fee of Rs.1 lakh vide cheque No.495849 dated 15.3.2009 against receipt No.1269 dated 16.3.2009.  He was assured that possession will be given within one year otherwise interest @ 24% will be paid.  Even after lapse of two years complainant did not receive any information about the progress of the project.  Complainant personally approached at the Okhla office of OP and there he met one Mr. Bedi and understood that it was not a fair deal.  Complainant applied for refund of amount of Rs.1 lakh.  OP asked him to submit an affidavit alongwith receipt and bank statement and he was assured that the amount will be refunded within six months or will be paid alongwith interest @ 10% in case it delayed beyond six months.  OP kept on assuring him about the refund of the amount but the same was not refunded.  Complainant has prayed for refund of the amount of Rs.1 lakh alongwith 10% interest and also Rs.10,000/- as compensation.  Nobody appeared for the OP despite service.  Accordingly OP was proceeded ex parte on 24.5.12.  On 11.10.13, an application was moved by OP, M/s Arun Dev Builders for dismissal of the complaint on the ground that M/s Arun Dev Builders is not liable to refund the amount as complainant has booked flat in the project of M/s PBNK Developers (P) Ltd.  Complainant filed reply to this application stating that M/s Arun Dev Builders and M/s PBNK Developers (P) Ltd. are one and the same thing.  He had dealt with M/s Arun Dev Builders.  In fact nobody appeared for M/s Arun Dev Builders after moving this application. 

We have heard Ld. Counsel of parties and carefully perused the record. 

It is an admitted fact that vide receipt Nol.1269 M/s PBNK Developers (P) Ltd. received a sum of Rs.1 lakh from the complainant.  Complainant has placed on record the copy of the application form of M/s PBNK Developers (P) Ltd.  Para 8 of the contains details regarding the area of the plot as well as stages at which the payment was to be made by the complainant.  It is only signed by the complainant and is bearing the stamp of M/s Arun Dev Builders.

The complainant was asked to surrender the original document alongwtih affidavit for the refund of the amount.  Complainant surrendered the original receipt vide letter dated 03.2.11 addressed to M/s PBNK Developers (P) Ltd.  Again that has been received by M/s Arun Dev Builders and it is also written in hand by the office of M/s Arun Dev Builders that original papers have been received.  Complainant has specifically stated that he has dealt with M/s Arun Dev Builders and met one Mr. Bedi of M/s Arun Dev Builders for the refund of the amount who assured him that the amount will be refunded within six month.  Complainant has sent a reminder vide letter dated 26.11.11 duly addressed to M/s Arun Dev Builders and M/s PBNK Developers (P) Ltd. wherein he has specifically stated that he as applied for the refund of the amount on 03.2.11 and Mr. Bedi assured him that the amount will be refunded by August 2011 and when the amount was not refunded by the aforesaid date, he again contacted them and he was told on telephone that refund will be credit to his SB A/c on or before 20.11.11.  In fact till date, the complainant has not received the amount.

As already stated, the original application though addressed to M/s PBNK Developers (P) Ltd. was received by M/s Arun Dev Builders.  The original document for the refund of the amount was also received by M/s Arun Dev Builders.  The statement of complainant to the fact that he has dealt with M/s Arun Dev Builders remained unchallenged.  Complainant has proved that almost for two years nothing was done to implement the project.  It is clear cut case of deficiency in service.  For all practical purpose M/s Arun Dev Builders has dealt with the complainant even otherwise this complain is addressed to both M/s Arun Dev Builders and M/s PBNK Developers (P) Ltd.

M/s Arun Dev Builders and M/s PBNK Developers (P) Ltd. are directed to refund the amount of Rs.1 lakh alongwith interest @ 10% p.a. w.e.f. 16.3.2009 and also to pay Rs.5,000/- towards compensation.

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.

    (EHTESHAM-UL-HAQ)                                                             (A.S. YADAV)

            MEMBER                                                                              PRESIDENT