Delhi

North East

CC/72/2014

Chanderkanta - Complainant(s)

Versus

Arun Dev Builders - Opp.Party(s)

31 Mar 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No. 72/14

 

CORAM:        Hon’ble President Sh. N.A. Zaidi

                        Hon’ble Member Sh. Nishat Ahmad Alvi

                       

In the matter of:

 

Mr. Chander Kanta & Anil Kumar A-176, Sector-31 NOIDA U.P.
	Complainant
Versus
M/s. Arun Dev Builders Ltd. F-1211 C.R. Park New Delhi-110019
	Opposite Party

                                                                       

 

Order

 

                                                                                      DATE OF INSTITUTION: 03-03-2014

                                                                                      DATE OF DECISION      : 17-04-2015

N.A. Zaidi, President:-

Nishat Ahmad Alvi, Member:-

            By way of present complaint the complainant has alleged that he booked a residential plot of 100 sq yards on 27.09.2006 in a project - Arun Dev City at Haridwar (Uttrakhand) launched by OP. Registration amount of Rs. 50,000/- was deposited by the complainant vide cheque No. 055876 dated 30.09.2006 against duly issued receipt No. 7710. OP assured the complainant that if it is not able to make offer of allotment within a period of 12 months the complainant has a right to withdraw his money alongwith interest. As per schedule fixed complainant has paid, on different dates, total amount of Rs 2,44,100/-. OP allotted plot No. DH 1987 vide Allotment letter dated 15.04.2007. Plot No. was later on changed by the OP, without any consent/knowledge of the complainant, which came into her knowledge when she received letter dated 31-3-2010 showing plot as B-149. After a long time when the complainant visited the site she came to know that there was no development on the project. She asked about the progress of the project but no satisfactory reply was given from the side of OP. She also visited the office of OP so many times but till date no satisfactory reply has been given by its officials. All this caused the complainant extreme mental agony. Pleading conduct of OP highly illegal, uncalled for, unwarranted and against natural justice. Complainant has prayed for refund of Rs. 2,44,100/- with 21% p.a. interest since 2006 with compensation of Rs. 1,00,000/- (One Lac Only) Rs. 25,000/- as litigation cost.  

OP was duly served but none appeared on its behalf and on 16.12.2014 the OP was proceeded against Ex-Party. However, after passing of Ex-Party order Shri B.D. Tayyab, Advocate appeared in 2^nd half the same day, on behalf of the OP.  Thereafter, none appeared and participated in the proceedings of this forum, in this case, on behalf of OP.

Ex-Party evidence by way of Affidavit alongwith relevant documents has been filed by the complainant.

Heard and perused the records. As per record all the averments made in the complaint are duly supported by allotment letter dated 15.04.2007, Receipts dated 27.09.2006, 24.11.2006, 11.04.2007 & 13.04.2010 issued by the OP, of the amounts of Rs. 50,000/-, 60,000/-, 60,000 & 67,700/- respectively confirming the deposit of above amounts. Further vide its letter dated 31.03.2010 OP has acknowledged the total amount received from the complainant as Rs. 2,44,100/-. Allegation of complainant that OP has himself changed plot No. is also supported by this vary letter of OP. We also find another undated letter in the name of one Shri N.P.S. Yadav thereby acknowledging that at that particular time they have started construction work after being slightly late to start the same and apologizing him for the delay in the project. But as no date is given in this letter it is of no use.

In the circumstances above it is certain that OP allotted plot of 100 sq. yards in its project namely Arun Dev City, Haridwar and received a total sum of Rs. 2,44,100/- for providing the same but even after passing of four years from the date of booking it did not provide the developed/undeveloped plot to the complainant. Neither there is any further assurance on behalf of OP as to when they will give the possession thereof. OP chose not to appear before this Forum and not controverted the above facts of the complaint. Hence, the allegations in the complaint are deemed to be true.

Therefore, we hold the OP guilty for adopting unfair trade practice and deficiency in service and direct it to repay the deposited amount of Rs. 2,44,100/- to the complainant alongwith 10% p.a. interest thereon from the respective dates of the part payments of this amount. We also direct OP to pay an amount of Rs. 50,000/- as compensation for harassment and mental agony alongwith Rs. 5,000/- as litigation cost.

The above amounts shall be paid within 30 days from the receipt of order of this Forum. Failing which the rate of interest on the amount of claim shall be charged @18% p.a.

            Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

File be consigned to record room.

(Announced on 17-04-2015) 

           

           

             

             (N.A. Zaidi)                                                                             (Nishat Ahmad Alvi)     

              President                                                                                             Member