Delhi

East Delhi

CC/643/2015

SARITA - 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.   643/2015

In matter of

Mrs Sarita Jalandhara, adult

s/o  Sh Beena Ram Jalandhara 

R/o-HN.- B 217, Rama Park,

Uttam Nagar, 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 offered at the end of 2008 in a proposed project of residential flat in Dev City, Bhiwandi, Rajasthan where possession of developed flat will be given in two years. The complainant being interested in the said scheme for a 350 Sq feet flat @ 1211/- Rs per sq. feet and complainant paid Rs 1,08,200/- through installment payment from 27/05/2008  till  04/10/2010. When no possession of developed flat was given by the opponent as per terms of agreement, complainant submitted written request to refund the paid amount for the said flat to be delivered. Opponent assured to refund the full amount within fifteen working but did not refunded the amount. Complainant filed this complaint and claimed for the refund of flat amount Rs 1,08,200/- along with 24% interest and compensation of Rs one lakh for harassment, mental tension and agony besides claimed RS one lakh for the cost of litigation charges.

Notice was served upon the respondent. No one appeared on the behalf of respondent nor they filed written statement. The case was proceeded 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 evidence of deposit of the amount is on record.  

 

We allow this complaint and direct the respondent to refund Rs 1,08,200/- with 9% interest to the complainant within 45 days of receiving this order. We further award sum of Rs 25,000/- compensation on account of harassment, mental pain and agony which shall also include litigation charges. 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