Delhi

North East

CC/117/2017

Kamal Singh Rawat - Complainant(s)

Versus

Arun Dev Builders - Opp.Party(s)

06 Jul 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.117/17

In the matter of:

 

	Kamal Singh Rawat R/o H.No. 95, Block –B Gali No. 10, Khajuri Khas, Delhi-110094.	Complainant
	Versus
1.               2.	Arun Dev Builders Ltd. Having its office at: F/1211, Chitranjan Park,Market No.2             New Delhi- 110019. Also At: F-89/11 Okhla Phase-1, New Delhi-110020.   The Director Manoj Bhardwaj, F-1211, Chitranjan Park, Market No.2, New Delhi-110019.	Opposite Parties

 

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

05.04.2017 06.07.2018 06.07.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Case of the complainant is that he was interested in purchasing a residential unit in NCR for which he came across an upcoming project of OP in Bhiwadi by the name of ‘Dev City Bhiwadi’ for which the complainant submitted his application and deposited a sum of Rs. 1,14,000/- towards booking amount and construction amount alongwith 1^st to 27^th installment for the purchase of residential plot admeasuring 350 sq.ft bearing registration                      no. 64797AT. Thereafter, an allotment letter dated 15.10.2011 was issued by OP in favor of the complainant with respect to the said plot on the 3^rd floor thereof. Thereafter, the complainant paid               Rs. 22,000/- each towards 28^th to 63^rd installment between 15.10.2011 up till 26.10.2013 totaling Rs. 66,000/- in addition to the above mentioned booking amount + construction cost of               Rs. 1,14,000 to the OP with respect to the said plot and the same was duly acknowledged by op vide receipts dated 24.09.2011, 03.11.2011, 06.12.2012 and 22.11.2013. Therefore the complainant had paid total sum of Rs. 1,80,000/- to the OP towards the said plot. However the complainant had stated that around January 2015 he acquired knowledge of negative reports about the fraud perpetuated by the OP on various investors and confronted the OP when the OP acknowledge that not only was there no progress in the said project but also they had no right to develop the said project. The complainant, alarmed by such revelation, sought cancellation of registration and refund of money from the OP and duly submitted the documents viz affidavit and cancellation letter dated 04.03.2015 to the OP for process of refund which documents were duly received by the OP and endorsed by them on the cancellation letter. However the OP failed to refund the amount of Rs. 1,80,000/- paid by the complainant to the OP for which the complainant made several communications/ visits to OP from time to time but to no avail. The complainant also issued a legal notice dated 28.08.2016 to the OP through his counsel but despite service to OP neither reply to the same nor paid the amount demanded therein. Therefore the complainant has constrained to file the present complaint against the OP before this Forum praying issuance of directions against the OP to refund the sum of Rs. 1,80,000/- to the complainant alongwith interest @ 18% from the date of surrender of plot, Rs. 1,00,000/- towards compensation for harassment and mental agony and Rs. 25,000/- for cost of litigation.

The complainant has attached copy of allotment letter dated 15.10.2011, copy of receipts issued by OP in favor of the complainant dated 24.09.2011, 03.09.2011, 06.12.2012 and 23.11.2013, copy of cheques numbers 614177, 440129 and 109013 for Rs. 22,000/- each paid by the complainant to the OP, accounts statements/passbook entries of OP highlighting credit amounts to OP, affidavit dated nill by the complainant for cancellation for registration for allotment and claiming refund of deposit, cancellation letter date 04.03.2015 with receipt acknowledgement dated 09.05.2015 by the OP and copy of legal notice dated 28.08.2016 by the counsel of complainant to the OP for refund of deposit.

2. Notice was issued to the OP which was duly served on its Director at Chittranjan Park, New Delhi address however despite service it failed to appear and was therefore proceeded against ex-parte vide order dated 06.07.2017.
3. The complainant filed ex-parte evidence by way of affidavit and written arguments on 23.10.2017 and 11.04.2018 respectively.
4. We have heard the arguments addressed by the counsel for the complainant and also perused the case file and financial documents viz cheques, statements of account receipts etc placed on record by the complainant which conclusively established in our opinion that the complainant had paid a sum of Rs. 1,80,000/- towards the purchase plot booked with the OP at its Dev City Bhiwadi Project and the receipt of said amount was duly acknowledged by the OP. The affidavit and cancellation letter filed by the complainant are also additional evidence that the OP had accepted / acknowledged the cancellation and refund request by the complainant in May 2015. However, the OP did not come forth before this Forum to file its defence in rebuttal to the allegation leveled by the complainant for non refund of his deposited amount in which scenario we are inclined to allow the present complaint as case of deficiency of service and unfair trade practice is clearly made out and direct the OP to refund a sum of Rs. 1,80,000/- to the complainant alongwith interest @ 9% p.a. from the date of filing of the present complaint till realization alongwith Rs. 10,000/- as compensation for mental harassment and agony and Rs. 5,000/- as litigation cost to the complainant payable by the OP within 30 days from the date of receipt of copy of this order. 
5.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6.   File be consigned to record room.
7.   Announced on  06.07.2018

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member