Delhi

East Delhi

CC/644/2015

CHANDAN - Complainant(s)

Versus

ARUN DEV BUILDERS - Opp.Party(s)

12 Feb 2016

ORDER

                DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST Govt of NCT Delhi

               CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

Consumer complaint no.   644/2015

In matter of

Mr Chandan Phulwaria, adult

s/o  Sh Jai Ram Das  

R/o-HN.- 165/5A, 3^rd Floor, Gali no. 6

WEA, Sant Nagar, Karol Bagh

New Delhi…110005……………………………………………………………..…………….Complainant                                                                   

                                                                             Vs

M/s Arun Dev Builders Ltd

Through its Director, Jagdeesh Chand

37, Hauz Rani, Malviya Nagar

New Delhi-110017

 

Also at –

M/s Arun Dev Builders Ltd

Through its Director

F-1211, C R Park,

New Delhi 110019….............…………..…………………………….………………….Respondents

                                                                                                      

                                                                                                       Date of Institution – 25/08/2015

                                                                                                       Date of Order         - 19/02/2016                                                                                                                                                            

Order by Dr P N Tiwari, Member : 

Brief Facts of the case                                                                                                    

The opponent through an advertisement offered at the end of 2008 in a proposed project of residential plots in Dev City, Bhiwandi, Rajasthan where possession of developed plots will be given in two years. The complainant being interested in the said scheme for a 200 sq yard plot @ Rs 3191/ sq yard made his booking and paid Rs 46,000/ though cheque.  The last payment was done on 29/04/2008 through Standard charter Bank and HDFC New Delhi. The amount was linked with development of project.  The  complainant  paid  all  the  agreed  amount  of  Rs 2,48 000/-(two Lakh Fourty Eight thousand) till 29/04/2008. In the span of four years, no developed plot was offered possession nor was given and amount was also not returned by the opponent as per the terms of agreement. Non delivery of developed plot in time amounts to deficiency in services and keeping complainant’s hard earned money for over four years amount to unfair trade practice. In Nov 2012, opponent asked the complainant to furnish the affidavit for cancellation of registration and thereafter return of entire amount within 15 working days, but no amount was returned. The complainant has prayed refund of Rs 2,48000/- along with 24% interest till paid. He has also claimed a sum of Rs One Lakh as compensation for harassment, mental tension and agony besides Rs One lakh as litigation charges. 

 

Notice was served upon the respondent. No one appeared on behalf of opponent nor they filed the written statement. The case proceeds ex parte. Complainant filed their evidences by way of affidavit. It is a settled position of law that uncontroverted evidence cannot be disbelieved and there is no reason for us to disbelieve the facts of the complaint which are verified on oath. The evidences of deposit of amount is on record.  

 

We allow this complaint and direct respondent to refund Rs 2,48000/-to complainant with 9% interest from the  date of deposit by the complainant within 45 days of this order. We further award sum of Rs 50,000/-as compensation on account of harassment, mental pain and agony which shall also include the litigation charges. If order is not complied in time, complainant shall be entitled for 9 % interest on compensation amount also till paid.

The order copy be sent to parties as per rules.

 

(Dr) P N Tiwari - Member                                                                                Sh. N A Zaidi - President