Delhi

East Delhi

CC/345/2015

ASHOK - Complainant(s)

Versus

ARUN DEV BUILDERS - Opp.Party(s)

24 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  345/15

 

Shri Ashok Kumar Gupta

R/o 291, Mayur Vihar

Phase-2, Pocket-E

Delhi                                                                       ….Complainant

 

Vs.

 

1. Arun Dev Builders Pvt. Ltd.

2^nd Floor, D-153 A

Okhla Phase-I

New Delhi – 110 020

Through Director

 

2. M/s. Ridhi Sidhi Properties & Investors

104-105, Om Shubham Tower

Neelam Chowk, NIIT, Faridabad                                 ….Opponents

 

Date of Institution: 28.05.2015

Judgment Reserved on: 24.04.2017

Judgment Passed on: 25.04.2017

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Shri Ashok Kumar Gupta against   M/s. Arun Dev Builders (OP-1), and M/s. Ridhi Sidhi Properties (OP-2) for deficiency in services.

2.       The facts in brief are that the complainant on the inducement of respondent no. 1 and 2 booked a plot measuring 100 sq. yds. at Haridwar Roorkee Road, Haridwar, Uttarakhand and paid a total amount of Rs. 1,76,382/- against receipt no. ADBL/3998 dated 26.09.2006, ADBL/9264 dated 30.11.2006 and 12885 dated 19.04.2007. 

          On 15.04.2007, allotment letter was issued allotting plot no.        D-2050.  On 23.05.2009, they confirmed that various development work was in progress and called for paying Rs. 1,49,100/- with their intention to deliver unit by June 2009.  On 12.11.2013, builder issued a letter asking for payment of Rs. 3510.10 including registry charges and for getting registry done of the plot.  The complainant went to the builder and found that no approval, approved maps were available.  No development making etc. were found at sight.  He immediately rushed to the builder for refund of the money who refused to oblige. 

          A letter of dated 06.12.2013 calling for refund of money was sent to the builder, however, he did not respond.  Respondent no. 1 and 2 have failed to deliver possession of the plot, hence, the complainant has claimed an amount of Rs. 1,76,382/- being the principal amount and interest @ 18% amounting to Rs. 2,22,400/-; compensation                Rs. 2,00,000/- for mental agony and harassment and litigation expenses Rs. 50,000/- making a total of Rs. 6,48,782/-.   

3.       In reply to the complaint, M/s. Arun Dev Builders Pvt. Ltd. and          M/s. Ridhi Sidhi Properties & Investors (OP-1 and 2) have taken various pleas such as territorial jurisdiction and complaint was time barred as the last payment was made on 19.04.2007.  Other facts have also been denied. 

4.       The complainant has filed rejoinder to the WS of OPs, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.       In support of its complaint, the complainant has examined himself on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited letters of dated 02.11.2006 alongwith payment schedule (Ex. 1 & 2).

          No evidence has been filed on behalf of OPs.    

6.       We have heard  the complainant and have perused the material placed on record.  Since OP have failed to put anything on record in the form of evidence, their pleas in the WS cannot be accepted.  However, with regard to the legal objections such as jurisdiction and time bar, the fact that the petition is only with regard to refund of amount, the question of territorial jurisdiction does not arise as the cause of action has arisen at Delhi.  The question of limitation also does not arise as it is a continuous cause of action. 

          From the documents placed on record such as receipts            (Ex. 1,2,3,4 & 5), it is evident that the complainant has paid a total amount of Rs. 1,76,382/- for the allotted plot unit no. 2050 including PLC amount of   Rs. 6,382/-.  The fact that M/s. Arun Dev Builders (OP) have not refunded this amount as there has been delay in development of the plot, certainly, there has been deficiency on the part of                       M/s. Arun Dev Builders.  When there has been deficiency on the part of M/s. Arun Dev Builders on account of delay for handing over possession of plot, which was booked and payment made in the year 2006, certainly, the complainant have suffered mental pain and agony. 

          That being so, the complainant is entitled for refund of               Rs. 1,76,382/- with 9% interest from January 2007 with compensation of Rs. 30,000/- on account of mental agony and harassment.  This includes the cost of litigation.  The awarded amount of Rs. 2,06,382/- be paid within 45 days.       

          Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(HARPREET KAUR CHARYA)                        (SUKHDEV SINGH)

       Member                                                          President