Delhi

North East

CC/97/2014

Nitin rajput - Complainant(s)

Versus

Arun Dev Builders - Opp.Party(s)

17 Apr 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. 97/14

 

In the matter of:

 

	Sh. Nitin Rajput S/o Sh. Rajendra Singh Rajput P-157, 2nd Floor, Sector-40, Gurgaon Haryana	Complainant
	Versus
	Arun Dev Builders Ltd. D-153/A, Okhla Industrial Area Phase -1, New Delhi-110020.	Opposite Party

 

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

05.03.2014 11.04.2018 17.04.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

 

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. The case of the complainant is that he had come across advertisement by the OP of their upcoming project named as ‘Dev City’ – Bhiwadi, Rajasthan with respect to which the OP had invited application from interested buyers to purchase plots and had also got printed attractive brochures with respect to the said project. The OP had visited the office of OP at New Delhi on 01.05.2008 to enquire about the advertised project costing and time of completion of project when OP assured the complainant that the possession of the 100 sq.yd plots would be given by 30.09.2009 and the price was payable in installments. The complainant, believing on the commitment and assurance of the OP agreed to book a 100 sq.yd plot in the said project by paying registration amount of Rs. 45,000/- vide cheque  dated 01.05.2008 bearing No. 361930 drawn on Citibank, on which day, the Application for Provisional Registration in Future Project Form of the OP vide booking registration No. 66188 was also got filled and signed from the complainant by the OP instead of the general practice of executing Builder Buyer Agreement. In the said form it was committed by the OP that in case the OP is not in a position of allotting the unit within 18 months from the date of registration, the complainant shall have the right for withdrawal of money by giving 30 days notice and against cancellation of provisional registration, the complainant shall be entitled to refund of advance paid by him to OP alongwith simple interest @ 9% from the date of payment. Thereafter, whenever the complainant enquired from OP about the progress of project, the complainant was always informed by OP that the construction was in full swing. The complainant made a series of payments of Rs. 3,000/- each from July 2008 to January 2009 towards 1^st to 5^th installments and thereafter paid Rs. 6,000/- each between May 2009 to October 2009 towards 6^th to 11^th installments to OP. Further the complainant paid a sum of Rs 48,000/- to the OP acknowledged by OP vide receipt dated 03.08.2010 and lastly the complainant paid Rs. 15,000/- vide cheque No. 714939 on 14.10.2009 to OP against which receipts were issued by OP in favour of the complainant from May 2008 to October 2009. Therefore, in total the complainant had paid a sum of Rs. 1,41,000/- to the OP between May 2008 to October 2009 towards 1^st to 17^th installments. The complainant has stated that the OP had vide letter dated 09.05.2009, apprised the complainant that the construction work of the project was under progress and allotment was planned as scheduled and asked the complainant for preference for forwarding his preference to allotment officer of OP at Bhiwadi with respect to the allotment of 100 sq.yd plot booked by him, the allotment date of which was promised as 30.09.2009. Thereafter OP sent a sham allotment letter dated 12.10.2009 to the complainant professing to allot provisional plot No. ED-805 to the complainant  confirming the allotment of the said plot number to the complainant to impress upon the complainant as if the OP had completed the project and were in the process of allotting the plots to the applicants. However, the complainant has submitted that to his utter shock, on visiting the site of the OP on 12.12.2010 to enquire about stage of construction, the complainant saw that the construction work was not even at the bare minimum level and it was manifestly clear that the whole project was moving on papers and files and on further enquiry it was also revealed that the OP had not even taken any approval from the concerned local authorities and were simply collecting money from innocent consumer showing them dreams of residential plots which ultimately prove to be a nightmare. The complainant therefore vide cancellation request dated 03.11.2012 on the standard format of the OP requested for refund of the deposited amount of Rs. 1,41,000/- and cancellation of his registration / application qua the said project. The complainant further submits that the said cancellation form also contained several terms and condition against the interest of the complainant but since he had no other way out, he had to fill up the said form and return the same alongwith original documents under grave duress and protest to the OP. The OP had assured that it shall returned the money of the complainant at the earliest directly in his bank account however failed to do so and after six months when the complainant visited the OP office on 25.06.2013, the representative of OP told the complainant that the OP is in Real Estate Business to build buildings on files, advertise them and obtain money from as many consumers as possible. The complainant, lastly was constrained to file the present complaint after exhausting all attempts to persuade the OP to return his hard earn money which act of forfeiture by the OP is alleged as unfair trade practice by the complainant and therefore vide present complaint the complainant has prayed for directions to the OP to refund the amount of Rs. 1,41,000/- paid by the complainant to the OP towards the sale consideration of the plot booked by him with OP alongwith 18% interest from the date of deposit. The complainant also prayed for issuance of directions to OP to pay Rs. 1,00,000/- to the complainant for mental agony and harassment caused by OP to the complainant and Rs. 50,000/- towards cost of litigation and also for OP to desist from unfair trade practice by launching ‘Future Projects’.
2. Notice was issued to the OP where OP entered appearance on 28.04.2014 through AR however failed to appear thereafter and was proceeded against ex-parte on 16.05.2014.
3. Ex- parte Evidence by way of affidavit & written arguments were filed by the complainant on 19.11.2014 and 29.03.2016 respectively, reiterating his grievance against the OP. The complainant has exhibited the application for registration for allotment, payment proof receipts, correspondence with OP, allotment letters issued by OP and cancellation and refund request in support of his claim of recovery towards payment of Rs. 1,41,000/- paid by him to the OP towards booking amount on account of 1^st to 17^th installments with respect to the said plot.
4. We have heard the arguments addressed by the complainant and perused the material documentary evidence placed on record.

It is not in dispute that the complainant had paid a sum ofRs. 1,41,000/- from the period May 2008 upto October 2009 towards booking amount and 17 installments to the OP duly acknowledged by the OP vide receipts issued by it in favour of the complainant towards the part payment of sale consideration of the residential plotbooked by complainant with OP at its Dev City Bhiwadi project However, the OP failed to file any defence much less any explanation by way of any documentary proof or justification for not refunding / returning the said amount to the complainant despite cancellation and refund request form filled by the complainant in November 2012 as per the OP’s own format which to our opinion is an unfair trade practice on the part of OP in not returning the legitimate dues of the complainant despite being under monetary and contractual liability to do so since the OP had failed to complete / deliver the project within the promised time period for possession and registry thereof to the complainant.

5. We therefore find merit in the case of the complainant and allow the present complaint against the OP and direct the OP to refund                    Rs. 1,41,000/- alongwith simple interest @ 9% p.a. from the date of filing of the complaint till realization. We also direct the OP to pay a sum of Rs. 25,000/- as compensation to the complainant on account of unfair trade practice, deficiency of service for harassment, mental agony, torture, loss and injury and Rs. 10,000/- towards cost of litigation to the complainant payable by OP. Let the order be complied within 30 days from the date of receipt of this order.          
6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 17.04.2018

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member