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.358/14

CORAM:        Hon’ble President Sh. N.K. Sharma

                        Hon’ble Member Sh. Nishat Ahmad Alvi

In the matter of:

N.K. Sharma, President:-

Nishat Ahmad Alvi, Member:-

1. Present complaint has been filed by the complainant thereby alleging that she booked a 350 sq.ft flat in the project namely Dev City Bhiwadi on Bhiwadi- Alwar Highway- Rajasthan  by paying booking amount of Rs. 74,750/- under due receipt @ of Rs. 1211/- per sq. ft, in March 2008, with the OP company.
2. Despite repeated follow-up by the complainant OP had not executed flat buyer agreement and when in January 2009 the complainant visited the site she found that there was no development at site not even the OP possess the land for the project.  On approach OP taking the excuse of delay assured the complainant to get the construction started very soon but such construction was never started and complainant had to issue a legal notice dated 23-7-14 thereby asking for the refund of booking amount alongwith interest and other charges. It is also alleged that an FIR has also been registered against the builder. Complainant has prayed for refund of the deposited booking amount of Rs. 74,750/- with 18% interest p.a. thereon from the date of payment till final realization and also compensation of Rs. 20,000/- with Rs. 5,000/- as litigation cost.
3. On notice from this forum OP put its appearance through its counsel but no reply was filed and it was proceeded against ex-parte on 16-12-14. Fact of ex-parte order was also made known to the counsel of OP who appeared in later part of the same day. Thereafter, nobody appeared on behalf of OP till the date of final arguments.
4. Complainant filed Ex-parte evidence by way of affidavit alongwith exhibited documents i.e. exhibit 1/1 to exhibit 1/4.
5. Arguments heard and perused the record.
6. Exhibit 1/1 is an application for booking of the flat. Exhibit 1/2 (colly) are four receipts of the amount of Rs. 74,750/- paid. Exhibit 1/3 is legal notice and exhibit 1/4 is police complaint. As per these documents it has been established that the OP has booked a 350 sq. ft flat in the name of complainant in its project namely Dev City Bhiwadi on Bhiwadi- Alwar Highway- Rajasthan by receiving the booking amount of Rs. 74,750/- and OP has failed to execute flat buyer agreement and even to start construction at site. There being no defence on behalf of OP, inspite of service, the allegations of the complainant remains unrebutted and unchallenged. Hence, the complainant has proved her case.
7. Hence, in view of above discussion we hold the OP guilty of deficiency in service and unfair trade practice we hereby direct it to pay to the complainant the booking amount of Rs. 74,750/- alongwith 12% p.a. interest thereon w.e.f. 27-12-2008 the date of last receipt, till the final realization of this amount. We also award an amount of Rs. 10,000/- as compensation and Rs. 5,000/- as litigation cost to be paid by OP to the complainant.
8. All these amounts shall be paid within 30 days from the date of receipt of copy of this order.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. File be consigned to record room.

Announced on: - 03-09-2015      

            (N.K.Sharma)                                              (Nishat Ahmad Alvi)            

              President                                                                Member