Case No.CC/591/2014

Date of Institution:-10.09.2014

Order Reserved on :-19.07.2024

           Date of Order :-16.08.2024

IN THE MATTER OF:

Sh. Rakesh Kumar

S/o Sh. PuranLal,

R/o RZ-24A, Street No. 11B,

Durga Park, New Delhi – 110045.

          …..Complainant

VERSUS

ArunDev Builders Limited

Through its Managing Director,

Corporate Office:

D-153/A, 2^nd Floor, Okhla, Phase-I,

New Delhi – 110020.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The present complaint has been filed under section 12 of Consumer Protection Act, 1986 (in short CP Act) against Opposite Party (in short OP) alleging deficiency of service.
2. The brief facts of the case are that the complainant has entered into an agreement with OP for allotment of a plot measuring 100 sq. yd.  for which consideration payable was Rs.1,00,000/- at the time of registration and balance was to be paid in 83 equal installment @ Rs.3000/- per month.  Copy of agreement dated 18.02.2009 is annexed as Annexure-II.  The complainant has paid Rs.1,99,000/- (Rupees One Lakh Ninety Nine Thousand) to the OP for allotment of a plot measuring 100 sq. yd. in the project of OP namely “Dev City Bhiwadi”.   The OP has failed to give possession/allotment of the plot measuring 100 sq. yd. to the complainant within 18 months from the date of registration.  The OP willfully and deliberately violated the agreement by not allotting and handing over the possession of plot to the complainant and this illegal and improper act of OP constrained the complainant to get the registration of the plot cancelled since allotment/possession of plot by OP was never made within 18 months.  On 04.05.2013, the complainant has given a letter to the OPfor cancellation of a unit measuring 100 sq. yd., regn. no. 67533,which was allowedand accepted by the OP but OP has not refunded the deposited money to the complainant. Copy of letter dated 04.05.2013 is annexed as Annexure-V.   The complainant has sent a legal notice to the OP seeking refund of his deposited moneyalongwith interest to the complainant. Copy of legal notice is annexed as Annexure-VI.  The OP has neither replied the said legal notice nor refunded the deposited money to the complainant. Hence, this complaint. The complainant has prayed for refund of Rs.1,99,000/- (Rupees One Lakh Ninety Nine Thousand) with interest @ 9% p.a. alongwith Rs.95,000/- for mental agony and harassment and Rs.60,000/- for litigation charges.
3. Notice was served to OP. OP did not file their reply despite several opportunities and imposing cost. Hence, the defence of OP was struck off vide order dated 27.04.2016.
4. The complainant has filed affidavit in evidence and written arguments in support of his case.
5. On 23.07.2024, the case was listed for argumentsand we have heard arguments from complainant.  Hence, the order was reserved.
6. We have carefully considered the material on record and thoroughly.
7. It is the case of the complainant that hehas entered into an agreement with OP for allotment of a plot measuring 100 sq. yd.  for which consideration payable was Rs.1,00,000/- at the time of registration and balance was to be paid in 83 equal installment @ Rs.3000/- per month.  The complainant has paid Rs.1,99,000/- (Rupees One Lakh Ninety Nine Thousand) to the OP for allotment of a plot measuring 100 sq. yd. in the project of OP namely “Dev City Bhiwadi”.   The OP has failed to give possession/allotment of the plot measuring 100 sq. yd. to the complainant within 18 months from the date of registration.  The OP willfully and deliberately violated the agreement by not allotting and handing over the possession of plot to the complainant and this illegal and improper act of OP constrained the complainant to get the registration of the plot cancelled since allotment/possession of plot by OP was never made within 18 months.  On 04.05.2013, the complainant has given a letter to the OP for cancellation of a unit measuring 100 sq. yd., regn. no. 67533, which was allowed and accepted by the OP but OP has not refunded the deposited money to the complainant.   The complainant has sent a legal notice to the OP seeking refund of deposited moneyalongwith interest to the complainant. The OP has neither replied the said legal notice nor refunded the deposited money to the complainant.
8. It is the case of the complainant that when he did not get the possession of the flat so sought the refund of the deposited amount, but the same has not been refunded by the OP despite repeated requests.  It is his case that this conduct of the OP amounts deficiency in service and unfair trade practice. Non-delivery of the possession of the flat on receipt of the booked amount within a reasonable time amounts to deficiency in service.

“ArifurRehman Khan Vs. DLF Southern Home Pvt. Ltd. (2020) 16 SCC 512”is the authority on this point.

9. The allegations made by the complainant have gone unchallenged, unrebutted and uncontested and as such whatever has been placed on record is believed.
10. From the facts of the case and evidence placed on the record, it is clear that on receipt of the deposit amount of Rs.1,99,000/- (Rupees One Lakh Ninety Nine Thousand)from the complainant, the OP has neither handed over the possession of the flat nor refunded the amount to the complainant and this act apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
11. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.1,99,000/- (Rupees One Lakh Ninety Nine Thousand)alonwth interest @ 6% p.a. from the date of deposited amount and Rs.1,00,000/- (Rupees One Lakh)as lumpsumfor mental harassment and litigation charges to the complainant within 45 days from the date of receipt of order failing which the OP shall be liable to pay the entire amount with interest @ 9% p.a. till realization. 

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 16.08.2024.