Delhi

North East

CC/62/2015

Shilpa Sachdeva - Complainant(s)

Versus

Arun Dev Builders - Opp.Party(s)

06 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. 62/15

 

In the matter of:

 

	Shilpa Sachdeva D-9, Dilshad Colony, Delhi-110095.	Complainant
	Versus
	M/s Arun Dev Builders F-1186, Chitranjan Park, New Delhi-110019.	Opposite Party

 

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

16.02.2015 03.04.2018 06.04.2018

 

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 initially Gaurav Khanna and Mrs. Ridhima Khanna (Brother and Sister in Law of complainant) had booked a plot measuring 400 sq.yd in Shahpura Project Rajasthan of OP dated 14.12.2006. Mr. Gaurav Khanna and Ridhima Khanna had paid Rs. 2,00,000/- vide cheque No. 428742 dated 14.12.2006 drawn on UCO Bank, Krishan Nagar Branch  towards advance registration / part payment to the OP for the said project which was duly acknowledged by the OP vide receipt No. 571 dated 27.12.2006. Further Mr. Gaurav Khanna and Mrs. Ridhima Khanna paid Rs. 2,00,000/- towards first installment vide cheque                        No. 428748 dated 24.04.2007 drawn on UCO Bank, Krishan Nagar Branch  to the OP which was duly acknowledged by the OP vide receipt No. 15798 dated 11.05.2007. However, in subsequent turn of events, OP expressed its inability to give possession of the said plot and vide letter dated 10.11.2008 to the complainant, suggested to take refund. The complainant stated that the OP telephonically suggested the complainant to take alternate plots in their other project coming up at Bhiwadi, Rajasthan and offered two plots of 150 sq.yd each. Mr. Gaurav Khanna and Ridhima Khanna, having no alternative but to accept offer at that time, decided to book the said plots as a gift to the complainant namely Mrs. Shilpa Sachdeva who is sister of Mr. Gaurav Khanna. A fresh booking registration was entered into on 27.12.2008 between the complainant and the OP vide registration Numbers 67646 and 67647 whereby the OP had assured to give possession of the plots within 48 months of registration (i.e. by year end 2010) failing which the OP shall refund the entire deposited amount with simple interest @ 9% p.a. from the date of original booking. Thereafter, the complainant has stated that the OP vide letter dated 11.05.2009 informed the complainant that the allotment process of the plots would begin from 15^th September 2009. However, no allotment took place for a very long time. The complainant vide letter dated 20.03.2013 to the OP enquired about the latest status report of the project and tentative date of possession of the developed plots but no reply came forth. The complainant visited OP office on 14.09.2013 on which date the OP vide Assurance Letter For Possession assured the complainant to give the possession of the said plots within 1^st April 2014. The complainant vide letters dated 04.11.2014 and 27.11.2014 to the OP expressed her grievance at the inordinate delay in the project and possession despite receipt of Rs. 4,00,000/- from the complainant way back in April 2007 itself and assurances given to deliver possession by April 2014 and demanded allotment / registration of the fully developed plots in her name or in the alternate refund Rs. 4,00,000/- deposited by the complainant alongwith interest @ 24% p.a. from the date of receipt alongwith Rs. 5,00,000/- for mental agony. The complainant has stated that the OP neither acknowledged nor replied to the above mentioned letters and lastly the complainant was constrained to issue a demand notice dated 20.01.2015 through her father Mr. Yashpal Khanna who is the AR in the present complaint also demanding allotment of the said plots or refund of the booking amount with interest within 30 days of receipt of notice but the said demand notice also went unheeded to by the OP. Therefore complainant was constrained to take legal recourse by way of present complaint against the OP and has prayed for issuance of directions to the OP to either handover the possession of the afore mentioned fully developed plots at its project in Bhiwadi in favour of the complainant by executing all necessary and required documentation
2.  
3.  
2. Notice was issued to the OP and OP entered appearance on 25.08.2015 on which date the counsel appearing in other case of OP sought time/ instruction to proceed further in the case and on 05.11.2015 AR of the OP was given last opportunity to files its reply, non compliance / non appearance of OP of which order & resulted in OP being proceeded against ex-parte vide order dated 30.11.2015.
3. Ex-parte evidence and arguments were filed by the complainant.
4. We have perused the entire case file and the documentary evidence placed on record by the complainant.

It is evident and a matter of record that the complainant’s brother and sister in law paid Rs. 4,00,000/- to the OP towards booking of plot at Shahpura project of OP in 2006-07 which project by OP’s own admission did not take off and alternate plots in the project at Bhiwadi was offered by the OP to the complainant which was accepted against the same booking amount in 2008 with assurance by OP to handover the possession end of by 2010. However, the OP failed to owner its commitment and contractual liability to handover the possession and complete the allotment process within stipulated time despite several correspondences and follow-ups made by the complainant with the OP and OP’s own Letter of Assurance of Possession dated 14.09.2013 to the complainant promising possession of plots by 01.04.2014 which the OP miserably failed to abide by. The OP also failed to refund the sum of Rs. 4,00,000/- made by the complainant to the OP towards booking amount and first installment which is evident of unfair trade practice on the part of OP and no defence / rebuttal has come on record from the OP to justify non allotment, failure to give possession and non refund of the said amount to the complainant.

In view of these facts and circumstances delineated in the present complaint and arguments forwarded by the complainant in light of documentary evidence placed on record viz the payment proof receipts, application form for registration of project, correspondence between complainant and OP, we find force and merit in the present complaint thereby allowing the same in favour of the complainant against the OP and direct the OP to refund Rs. 4,00,000/- to the complainant alongwith interest @ 9% p.a. from the date of filing of the present complaint till realization. We also award a sum of Rs. 30,000/- as compensation for physical harassment, mental torture, agony, discomfort and undue hardship suffered by the complainant at the hands of OP and Rs. 5,000/- to the complainant towards litigation charges payable by OP. Let the order be complied with by OP within 30 days from the date of receipt of copy of this order.

5. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6. File be consigned to record room.
7. Announced on  06.04.2018

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member