Delhi

East Delhi

CC/642/2015

KAPIL - 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.   642/2015

In matter of

Kapil Yadav, adult

s/o  Sh Ram Kishan Yadav 

R/o-HN.- 876,Lal Bahadur Shastri Marg

Raj Nagar-II, Palam Colony

New Delhi…110045……………………………………………………………..…………….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 offer at the end of 2007 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 100 sq yard plot. He made his payment though cheque vide no 076049 dated 04/12/2007 drawn on Axix Bank (formerly known as UTI bank), Dwarka, New Delhi. The amount was linked with development of project. The complainant paid all the agreed amount of Rs 2,7000/-(two Lakh seventy thousand) till 10/12/2008. The last receipt was issued by opponent was vide no DC-BWD/65145/7/29987 dated 10/12/2008. In the span of seven years no possession of developed plot was given nor amount was refunded by the respondent as per the terms of agreement. Non delivery of developed plot in time frame work amounts to deficiency in services and keeping complainant’s hard earned money for over seven years amount clear unfair trade practice. When complainant failed to get his paid money, filed this complaint claimed for refund of Rs 2,75000/- 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. No one appeared on behalf of respondent nor they filed 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 the amount is on record.

 

We allow this complaint and direct the respondent to refund Rs 2,75000/-to complainant with 9% interest from the  date of deposit by the complainant within 45 days of receiving this order. We further award sum of Rs 50,000/-as compensation on account of harassment, mental pain and agony. This will include the litigation charges also. 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