CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.320/2014

SMT. KAMLA DEVI

W/O SH. SURESH KUMAR

RZ A, 96-A, ROSHAN VIHAR,

NAJAFGARH,

NEW DELHI-110043

…………. COMPLAINANT                                                                                           

VS.

M/S ARUN DEV BUILDERS LTD.,

F-1211, C.R. PARK,

NEW DELHI-110019

………….. RESPONDENT

                                                                                    Date of Order:15.01.2016

O R D E R

A.S. Yadav – President

The case of complainant is that she booked a flat with OP at Mandhawar, Uttrakhand and paid a sum of Rs.25,000/- on 29.01.2007.  Thereafter she paid a sum of Rs.74,000/- in monthly instalments from April 2007 to May 2010.  However even after lapse of three years she was not provided with any unit.  Accordingly, she sought for refund of amount.  She sent number of letters in this regard to OP however the amount was not refunded and ultimately only a sum of Rs.55000/- was paid to her in instalments.  It is prayed that OP be directed to refund the balance amount of Rs.44,000/- alongwith 18%interest.

OP did not file the reply despite number of opportunities given to OP to file the reply.  Ultimately right of OP to file reply was closed on 17.9.2015.

We have heard Ld. Counsels for complainant and carefully perused the record. 

It is proved from the unchallenged testimony of the complainant that she has paid a total amount of Rs.99,000/- to OP and even after three years of booking, nothing was done at the spot.  No unit was allotted to complainant.  Complainant has written number of letters for refund of amount and only Rs.55,000/- was returned in instalment however and the remaining amount was not refunded.  It is a clear cut case of deficiency in service on the part of OP. 

OP is directed to refund to complainant balance amount of Rs.44,000/-  with interest @ 10% p.a. from the date of filing of complaint.  OP is also directed to pay Rs.5,000/- as compensation and Rs.3,000/- towards litigation expenses.

Let the order be complied within one month of the receipt thereof.  The complaint stands disposed of accordingly.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

         (D.R. TAMTA)                                                             (A.S. YADAV)

            MEMBER                                                                    PRESIDENT