CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110016

    Case No.345/2017

HARIOM SHARMA

S/O SHRI B.D. SHARMA

R/O RZ-B-33, KAILASH PURI,

NEW DELHI - 110045…..COMPLAINANT

Vs.   

M/S ARUN DEV BUILDERS LIMTED

F-1211, CHITRANJAN PARK,

NEW DELHI- 110019

ALSO AT:

N-10, KALKAJI,

NEW DELHI.…..RESPONDENT

Date of Institution-24.11.2017

Date of Order- 23.02.2024

  O R D E R

DR. RAJENDER DHAR-MEMBER

The complaint pertains to deficiency in service on the part of OP with respect to non delivery of plot to the complainant.

Brief facts as stated in the complaint are that OP is in the business real estate including development and sale of land. A scheme for sale of residential plots measuring 100 Sq. Yards, 150 Sq. Yards & 200 Sq. Yards was launched by the OP in the name of Arun Dev City Haridwar located at Delhi-Haridwar Road, Features, specifications and trust level mentioned in the scheme brochure. Copy of scheme brochure of OP attached as Annexure-1.

The complainant booked a plot measuring 100 sq. yards  in the month of June 2006 and one Plot number D-1625 was allotted by OP vide letter with registration no. 6541 dated 15.04.2007. Copy of registration is attached as Annexure-2.

Complainant requests for change of plot location. The OP changed the plot and allotted other corner Plot No. D-10 against payment of prime location charges of Rs.63820/- in Block-D, Front-24 meter wide road, Right Side-9 meter wide road and North West Facing. Copy of OP letter along with location map of plot is attached as Annexure-3.

It is mentioned in OPs letter dated 23.05.2009, subject “For Possession and Registry of Arun Dev City- Haridwar Project” of OP that “Construction work, marking of plots, development of roads are in progress. Laying down of electricity poles, sewer & water lines are in progress and OP is planning to give possession in end of June 2009. Copy of letter is attached as Annexure-4.

Complainant made a payment of Rs. 4,18,021/- (Rs.3,19,100/- towards basic cost of plot @Rs.3191 /Sq. Yard, Rs.63,820 towards prime location charges and Rs.35,101/- towards registry charges of Plot) also towards basic cost, prime location charges of plot during the period from June 2006 to March 2010. Confirmation of receipt of payment by OP is evident from their No Objection Certificate No. ADBL/HRD/PLOT/1154 dated 24.03.2010 is attached as Annexure-5 and No Objection Certificate for Title Deeds letter No. ADBL/HRD/PLOT/REG. No. 6541 dated 23.04.2010 is attached as Annexure-6.

        It is further stated by the complainant that mutation has not been done and possession has also not been handed over by the OP. complainant visited OP’s office personally but nothing favourable is done by the OP.

        It is further stated that a final notice with request for refund for all money together with interest was served to the OP vide letter dated 19.04.2017 by the complainant. The same is attached as Annexure-7.

        It is further stated by the complainant that false verbal commitments of developing project and handing over possession of plots. But no progress was made at the site since last many years. This scheme is declared under “Completed Project” section on their web portal by OP. The same is attached as Annexure-8.

        It is further stated that the sale deed executed in the favour of complainant is different from the name of the complainant. Copy of sale deed is attached as Annexure-9.

        It is further stated that there are reports of involvement in fraudulent activities against the OP published in various newspapers. The Hindu dated 06.07.2016 “Builder sold dream homes on non-existent plots, held” is attached as Annexure-10.

        Copy of order against complaint case No.272/13 by the DCDRF-North-East, Govt. of NCT of Delhi, D.C. Office, Nand Nagari, Delhi -93 for a same OP is attached as Annexure-11.

Complainant prays for refund of Rs.4,18,021/- paid towards basic cost of plot, prime location charges and registry charges of plot along with 18% interest, Rs.1,00,000/- as compensation towards the physical strain and mental agony and Rs.10,000/- towards expenses for this petition.

Notice was issued to OP. No written statement was filed despite repeated opportunities given to file reply. The right to file written statement by OP was closed and was proceeded Ex-parte vide order dated 05.01.2018.  

        The complainant has filed evidence by way of affidavit, copy of the booked slip and other documents, copy of letter dated 25.03.2010, copy of total amount demanded by OP, copy of No Objection Certificate, copy of No Objection Certificate for title deed and copy of notice.

        The Commission has considered all the documents and material on record. It is clear that no mutation/ possession has been given on behalf of the OP to the complainant despite executing the sale deed. This act on the part of OP amounts to fraud, cheating to the complainant, be also amounts to unfair trade practice.

Hence we find OP guilty of deficiency in service in not handing over the possession of the plot in question and direct OP to pay an amount of Rs. 4,18,021/- with 9 % interest p.a. from 06.03.2013 i.e. the date of legal notice till realization, Rs. 30,000/- as compensation for mental harassment and Rs. 5,000/- towards litigation charges.

File consigned to record room.Order to be uploaded and to be complied with within 30 days from the date of the order.