Delhi

North East

CC/130/2015

Babu Lal - Complainant(s)

Versus

Arun Dev Builders - Opp.Party(s)

26 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 130/15

 

In the matter of:

 

	Babulal S/o Shri Haringa Ram R/o GS-47, Malibu Town Sohna Road, Gurgaon	Complainant
	Versus
	Arun Dev Builders Pvt. Ltd Through Managing Director F-1186, C R Park New Delhi-110019.   Also At: F-89/11 Okhla Phase 1 New Delhi-110020.	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

16.04.2015 24.04.2018 26.04.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. The case of the complainant is that he had come across big hoardings /advertisements/ press release by the OP of their upcoming project named as ‘Dev City’ – Bhiwadi, on Bhiwadi Alwar Highway, Rajasthan with respect to which the OP had invited applications from interested buyers to purchase flats and had also got printed attractive brochures with respect to the said project. The complainant, lured by such advertisement/ propaganda, booked a 350 sq.ft residential flat with OP for personal use in 2007 and paid Rs. 64,000/- towards part payment of the total sale consideration of the said flat till 2008 and registration No. 61496 was allotted with respect to the said flat by OP to the complainant which was executed in Delhi and was a construction linked plan. However, the complainant has submitted that on visiting the site in November 2008-2009 till 2012, the complainant got to know that the project is not being developed by the OP nor did OP possess the land required for the project and when the complainant took up the matter with the OP, the OP vide letter dated 27.08.2011 assured, while admitting that the project was delayed and apologizing for the same, that the construction activity shall start very soon. However, despite assurances by OP, no progress on the project took place when finally the complainant demanded refund of Rs. 64,000/- from the OP vide letter dated 09.11.2013. The complainant has further stated that an FIR 171/2009 with EOW cell of Delhi Police under section 409/420/120 BIPC has been registered against OP by the complainant on 21.08.2013 duly received by the office of joint commissioner of police on 30.08.2013. The complainant has further stated that the OP, in order to wriggle out of this situation made a statement showing its willingness to refund the amount to the complainant before the police authorities in reply to the RTI application file by the complainant but has failed to honour its commitment. Therefore lastly the complainant was constrained to file the present complaint before this Forum seeking directions to the OP to refund Rs. 64,000/- to the complainant alongwith interest @ 18% p.a. from the date of payment by the complainant to the OP till realization alongwith Rs. 25,000/- on account of compensation for loss of opportunity and punitive damages and Rs. 10,000/- as cost of litigation.     
2. Notice was issued to the OP where OP entered appearance on 23.09.2015 through AR however failed to appear thereafter and was proceeded against ex-parte vide order dated 05.11.2015 when its defence was also struck off.
3. Ex- parte Evidence by way of affidavit and written arguments were filed by the complainant on 09.12.2015 and 07.01.2016 respectively, reiterating his grievance against the OP. The complainant has exhibited advertisement in newspaper for economically weaker section, reference to registration no, correspondence with OP, copy of FIR and police complaint made by the complainant against the OP. The complainant submitted that the original receipts of payment were taken from the complainant by the OP for process of refund and therefore the only proof of acknowledgement that the OP has made for receipt of Rs. 64,000/- from the complainant is reference thereto made by vide letter dated 26.11.2008 written by OP to the complainant whereby OP had asked the complainant to make balance amount of Rs. 10,000/- as he had only paid Rs. 64,000/- to OP. 
4. We have heard the arguments addressed by the complainant and perused the material documentary evidence placed on record.

It is established from record that the complainant had paid and the OP had received Rs. 64,000/-till 2008 from the complainant towards the Dev City Bhiwadi Project wherein the complainant had booked a 350 sq.yds residential flat with the OP. However, the OP failed to file any defence much less any explanation by way of any documentary proof or justification for not refunding / returning the said amount to the complainant despite refund request and assurance given before ASI Lokender Tyagi and PS CR Park, New Delhi that he shall returned the deposit amount to the complainant, which to our opinion is an unfair trade practice on the part of OP in not returning the legitimate dues of the complainant despite being under monetary and contractual liability to do so since the OP had failed to complete / deliver the project within the promised time period for possession and registry thereof to the complainant.

5. We therefore find merit in the case of the complainant and allow the present complaint against the OP and direct the OP to refund                    Rs. 64,000/- alongwith simple interest @ 9% p.a. from the date of filing of the complaint till realization. We also direct the OP to pay a sum of Rs. 10,000/- as compensation to the complainant on account of unfair trade practice, deficiency of service for harassment, mental agony, torture, loss and injury and Rs. 5,000/- towards cost of litigation to the complainant payable by OP. Let the order be complied within 30 days from the date of receipt of this order.          
6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 26.04.2018

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member