Delhi

North East

CC/265/2014

Balbir Singh - Complainant(s)

Versus

Arun Dev Builders - Opp.Party(s)

30 Nov 2015

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.265/14

In the matter of:

 

	Balbir Singh S/o Prahladh Singh Flat No. 406, Rhone, D-Omaxe Rudrapur, Uttrakhand	Complainant
	Versus
	M/s. Arun Dev Builders Pvt. Ltd. F-1186, CR Park New Delhi.
		Opposite Party
Order

 

	DATE OF INSTITUTION:	05-03-2014
	DATE OF DECISION      :	30-11-2015

N.K. Sharma, President

Nishat Ahmad Alvi, Member

Ms. Manju Bala Sharma

 

1. Case of the complainant is that in 2007 he booked a flat in the project of the OP namely “Dev City Bhiwadi on Bhiwadi-Alwar Highway (Rajasthan). The booking was registered at No. 61810 by paying Rs. 64,000/- to the OP. The payment plan opted was construction linked plan. In November 2008 when the complainant visited the site it was found out that there was no development in the project. It was also revealed that OP didn’t even possess the land required for the project. In the year 2009 to 2011 whenever the complainant visited the site he found no progress in the project. On complaint to OP, he assured that construction activity will start very soon. OP also issued letter to this effect. Later on also, OP kept assuring the development but no such development ever took place. On investigation complainant found that an FIR No. 171/09 PS EOW u/s 409/420/120B IPC is registered against the OP. Ultimately, complainant sought refund of deposited amount. OP got application for refund on its printed format from the complainant. OP assured refund by March 2012. But even after follow up OP did not make the refund. Ultimately complainant lodged complaint with EOW, New Delhi. Pleading deficiency on the part of OP, complainant has prayed for directions to OP to refund Rs. 64,000/- alongwith 18% interest per annum from the date of payment till final realization. Complainant also prayed for damages of Rs. 20,000/- and litigation cost a sum of Rs. 21,000/-.
2. OP was served but nobody appeared on its behalf and filed any reply. Hence, vide order dated 02.05.2014 OP proceeded against ex parte.
3. Affidavit of evidence filed by the complainant.
4. Heard and perused the record.
5. Complainant has filed three documents in support of his case i.e. letter of assurance for possession as Annexure C1, Cancellation form as Annexure C2 and EOW complaint as Annexure-C3. But OP filed no document in support of its defence. Perusal of Annexure C-1 shows that it is a letter dated 27.08.2011, issued by OP to its members in general as  Assurance letter for possession. This letter is an admission of delay in project - Dev City, Bhiwadi further tendering apology by OP undertaking to start work shortly. It is also stated in this letter that allottee can pay the balance in installments after construction work starts. Annexure C-2 is an application for cancellation of registration of unit on format of the OP itself. This application is duly received by OP. By this application complainant has sought refund of Rs. 64,000/-. Annexure C-3 is a complaint lodged to Jt Commissioner of Police EOW of Delhi Police made by so many complainants including complainant herein.
6. On the basis of above observations we are of the view that though OP booked flat in the name of complainant in its project by the name Dev City at Bhiwadi (Rajasthan) but it did not, develop the project and gave possession the flat to complainant. Hence, holding OP guilty of deficiency of service and unfair trade practice, we direct it to pay to the complainant Rs. 64,000/- with 12% p.a. interest thereon from receipt thereof till full and final payment. We also award Rs. 15,000/- to the complainant to be paid by the OP by way of compensation for harassment including litigation cost.
7. This order shall be complied within 30 days on the receipt of this order failing which the amount of 64,000/- shall carry 15% p.a. interest thereon.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
9. File be consigned to record room.

 

Announced on: - 30-11-2015

 

(N.K.Sharma) President

(Nishat Ahmad Alvi) Member

(Manju Bala Sharma) Member