Delhi

North East

CC/311/2014

Shashi - Complainant(s)

Versus

Arun Dev. Builder - Opp.Party(s)

08 May 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, NAND NAGRI, DELHI-93

 

Complaint Case No. 311/14

 

CORAM:        Hon’ble President Sh. N.A. Zaidi

                        Hon’ble Member Sh. Nishat Ahmad Alvi

                       

In the matter of:

 

	Ms Shashi Chakarwarti W/o Sh. Nirmal Kumar R/o 4/88 Shivaji Nagar Gurgaon
		Complainant
	Versus
	M/s. Arun Dev Builders Pvt Ltd. F-1186, CR Park New Delhi-110019 Through Managing Director Also at F-89/11 Okhla Phase-I New Delhi-110020
		Opposite Parties

                                                                       

 

Order

 

                                                                                      DATE OF INSTITUTION: 14-08-2014

                                                                                      DATE OF DECISION      : 15-05-2015

N.A. Zaidi, President:-

Nishat Ahmad Alvi, Member:-

            Complainant has alleged that on the basis of advertisement of OP she booked a 350 sq ft flat in March 2008 in Dev City Bhiwadi-Alwar Highway Project of OP. The said booking was confirmed by OP by its letter. Acknowledging the booking and giving a Registration No. 63179. Thereafter, vide its letter dated 10.04.2008 OP also invited the complainant in Bhoomi Pujan of the project on 17.4.2008, further requesting to deposit construction instalment. Inspite of booking, OP has not provided with any flat buyer Agreement to the complainant. The complainant has paid an amount of Rs. 62,000/- to the OP on different dates against due receipts. On visit of the site in July 2009 complainant discovered that the project was not being developed. Not only this OP was also not possessing the land required for the said project. On approach, the OP admitting the delay assured the complainant to start the construction very soon. OP kept on assuring the complainant to develop the site but never developed. Moreover it is also transpired that an FIR has been registered against OP. The complainant issued a legal notice dated 23.07.2014, thereby, putting the grievance. Complainant demanded refund of deposited amount with interest and other charges which was also not responded to by OP. Complaint against OP in EOW Cell is also lodged by complainant. Pledging deficiencies in service, the complainant has prayed for refund of Rs. 62,000/- with 18% interest per annum besides 25,000/- and 5,000/- as damages and litigation cost.

OP was duly served and its Advocate appeared before this Forum on 14.11.2014. But no reply or defence was placed by the OP on record of this Forum. Thereafter, none has been appearing on OP’s behalf till date and on 17.12.2014 OP was proceeded against Ex-Parte. Complainant has filed its EX-Parte evidence by way of affidavit alongwith relevant documents.

Heard and perused the record.

As per Annexure C-1 and C-2 OP has booked the said plot against Registration No.  63179, Annexure C-3 collectively are receipts issued by OP against different instalments paid by complainant of total sum of Rs. 62,000/- till 20.06.2009. Annexure 4 notice sent by complainant by Registered Post show the demand raised for refund.

As per these documents the case of the complainant stands proved while OP has not controverted the said allegations of complainant. We hold OP guilty of deficiency in service and direct it to pay complainant an amount of Rs. 62,000/- alongwith 9% interest from the respective dates of deposits of this amount. Besides, a compensation of Rs. 10,000/- and litigation cost of Rs. 5,000/-.

Let a copy of this order be sent to each party.

(Announced on 15-05-2015) 

           

           

             

             (N.A. Zaidi)                                                                             (Nishat Ahmad Alvi)        

              President                                                                                            Member