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.293/2012

SMT. AMBA SATI

W/O SH. DINESH SATI

R/O H.NO.46, LANE NO.5,

POST OFFICE ROAD,

CLEMENT TOWN, DEHRADUN,

UTTARAKHAND

…………. COMPLAINANT                                                                                           

VS.

THE DIRECTOR

ARUN DEV BUILDERS LTD.,

CORPORATE OFFICE:-

F-89/11, OKHLA PHASE-I,

NEW DELHI

………….. RESPONDENT

                                                                                    Date of Order:01.07.2015

O R D E R

A.S. Yadav – President

In brief the case of complainant is that she booked a plot measuring 460 sq. ft. on 09.3.2007 vide registration No.35717 at the project of OP at Mandhawar, Dehradun Road, Uttarakhand.  As per the terms and conditions of the allotment, complainant was to be given the possession of the registered flat within a period of three years.  However, complainant on enquiry came to know that the project of OP was not going to be completed within the period stated above.  Complainant was offered a plot instead of flat by OP at their another project at Dahiyaki, Dehradun and for that the complainant paid Rs.50,000/-.  In all, complainant paid Rs.1,87,000/- to OP but she neither got the flat nor the plot.  The complainant has prayed for refund of Rs.1,87,000/- with 18% interest from the date of investment till its realization and also Rs.50,000/- towards compensation and Rs.15,000/- towards litigation charges. 

OP in the written submission took the plea that this Forum has no jurisdiction to entertain the present complaint as the property in question is situated at Uttrakhandand only the courts at Uttrakhand have got the jurisdiction.  It is also stated that OP is ready to hand over the possession of plot if complainant makes complete payment. 

We have heard Ld. Counsels for the parties and carefully perused the record.  So far as jurisdiction of this Forum is concerned, it is proved on record that the application for allotment of plot was received by OP at their Head Office at Okhla and the payments have also been received at this address hence this Forum has got the jurisdiction to entertain the present complaint.

It is significant that the application for allotment of plot was moved by the complainant on 01.11.2010 and complainant has placed on record a letter dated 10.5.2011 written by OP to the complainant which shows that Dahiyaki Project files have been submitted to the Govt. for approval and as soon as they will get the approval for the project they will be able to inform the exact time of possession.  So it is evident that when the project was started by OP they did not have requisite approval from the Govt.  OP has not placed on record any document to show that the project was complete.  OP has not written any letter to complainant asking her to pay balance amount and have the possession.  It is significant to note that this complaint was filed in July 2012 whereas the booking was made in November 2007.  For almost five years nothing has been done at this site and there is nothing on record to suggest that OP has ever informed complainant about the progress of the project.  It is clear cut case of deficiency in service on the part of OP.

OP is directed to refund to complainant Rs.1,87,000/-  with interest @ 9% p.a.  OP is also directed to pay Rs.10,000/- as compensation and Rs.5,000/- towards litigation expenses.

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