Delhi

East Delhi

CC/464/2014

SANJAY - Complainant(s)

Versus

ARUN DEV BUILDERS - Opp.Party(s)

04 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  464/14

 

Shri Sanjay Tandon

S/o Shri R.K. Tandon

R/o G-348, Preet Vihar

Delhi – 110 092                                                           …….Complainant

 

Vs.

 

1. M/s. Arun Dev Builders Ltd.

Regd. Off.: F-89/11, Okhla Phase – I

New Delhi – 110 020

Through its Director/AR/Manager

 

2. M/s. Arun Dev Builders Ltd.

Corp. Off.: F-1211, Chittranjan Park,

New Delhi – 110 019       

Through its Director/AR/Manager                                    ….Opponents

 

Date of Institution: 29.05.2014

Judgment Reserved on: 04.05.2017

Judgment Passed on: 05.05.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Shri Sanjay Tandon against     M/s. Arun Dev Builders (OP) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant booked a plot measuring 100 sq. yds. @ Rs. 3,191/sq. yd. against receipt no. DRD/26612/2/3843 with registration no. 26612 at Dehradun, which was booked and receipt was issued on 02.03.2007 and 18.07.2007.  Complainant made a payment of Rs. 1,10,000/-.   It has been stated that inspite of making payment, the complainant have not received any letter regarding the possession, registration or any further development of said project ‘Arun Dev City’ in Dehradun.  He was assured to have possession of the plot within a period of 2 years.  OP have failed to allot the plot within the stipulated period and more than 7 years have elapsed, this amounts to deficiency in service, illegal, unfair and unlawful trade practice on the part of OP.  He has claimed refund of amount paid with compensation of Rs. 5,00,000/- on account of mental pain, agony and harassment with litigation charges amounting to        Rs. 25,000/-.  He has prayed for direction to OPs for allotment of plot measuring 100 sq. yds. or refund all amount with 24% interest, compensation and cost of litigation.

3.       In the reply, filed on behalf of OP, they have taken various pleas such as territorial jurisdiction and complainant not consumer.  They have admitted deposit of booking amount of Rs. 50,000/-.  It has been stated that complainant have committed default in making the payment and no deficiency has been committed by OP.  Other facts have also been denied. 

4.       In support of its case, the complainant has examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  He has also got exhibited documents such as letter issued by Uttrakhand Urban Development Department, Dehradun showing that M/s. Arun Dev Builders neither applied nor granted/sanctioned any site plan/map for any property situated at village central Hopetown (Selakui) Distt. Pachwadoon, Dehradun and also  a show cause notice dated 05.06.2007 issued towards the illegal encroachment and other illegal activities to M/s. Arun Dev Builders Ltd. and reply to this of dated 02.04.2007 which is exhibited as Ex.CW1/A.  Further, letter showing deposit of balance registration amount of the said plot (Ex.CW1/B).  These documents have been exhibited in the additional affidavit filed on behalf of the complainant.

          No evidence has been filed on behalf of OP.

5.       We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the testimony of the complainant and the documents got exhibited by him, it is evident that the complainant booked a plot with M/s. Arun Dev Builders Ltd. by paying an amount of Rs. 50,000/- and Rs. 60,000/- respectively.  This amount has been paid in the year 2007.  

          The objection taken by OP in the WS with regard to the jurisdiction does not arise as the receipts have been issued by          M/s. Arun Dev Builders Ltd. from their corporate office at CR Park, New Delhi.

          Further, letter of dated 12.08.2011, issued by M/s. Arun Dev Builders Ltd. show that the company have apologized for the delay in their project at Arun Dev City, Dehradun.  The documents such as Ex.CW1/A, which is a reply in respect of RTI application show that they have not been granted sanction of any site plan/map for any property situated at village central Hopetown (Selakui) Distt. Pachwadoon, Dehradun and also a show cause notice has been issued for illegal encroachment to M/s. Arun Dev Builders.  Further, Ex.CW1/B shows a letter for balance registration amount.  From these documents, it is evident that complainant has booked the residential plot at Dehradun city in the year 2007 possession of which has not been given till date.  These documents also show that M/s. Arun Dev Builders have not been allotted any site at village central Hopetown (Selakui) Distt. Pachwadoon, Dehradun.

          When they have not been allotted any land and they have booked the plots and have not delivered the possession thereof, certainly, it amounts to deficiency in service as well as unfair trade practice.  That being so, the complainant is entitled for refund of amount paid by him.  When he has not been allotted plot on booking in the year 2011, certainly, he has suffered mental pain and agony for which he has to be compensated.

          In view of the above, it is ordered that M/s. Arun Dev Builders Ltd. (OP) shall refund an amount of Rs. 1,10,000/- with interest @ 9% from January 2011 till realization.  We further award an amount of              Rs. 50,000/- on account of mental pain and agony, which includes the cost of litigation also.  This order be complied within a period of 45 days.  If not complied, then Rs. 50,000/- shall also carry interest @ 9% p.a. from the date of order.

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

 (HARPREET KAUR CHARYA)                                               (SUKHDEV SINGH)

                 Member                                                                            President