CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.220/2017

MR. HARISH GOLANI

F-29, GROUND FLOOR, KALKAJI,

NEW DELHI-110019

…………. COMPLAINANT                                                                             

Vs.

ARUN DEV BUILDERS LTD.

F-89/11, OKHLA INDUSTRIAL AREA, PHASE-1,

NEW DELHI-110020

ALSO AT:-

F-1211, C.R. PARK, NEW DELHIU-110019

                                  …………..RESPONDENT

                                 Date of Order:08.01.2019

O R D E R

A.S. Yadav - President

The case of the complainant is that he booked a plot measuring 100 sq. yds. in “Arun Dev City, project of OP at Haridwar, Uttarakhand in February 2014 and paid a total amount of Rs.3,16,382/-. 

It is further stated that OP was not able to complete the project and there was inordinate delay in the development of plots at Haridwar and therefore OP offered a plot at Bhiwadi in Rajasthan.  Even there was no development of land at Bhiwadi hence the complainant decided to seek refund of the amount vide letter dated 19.07.2016.  However, the amount was not refunded.  Terming the action of OP as deficiency in service, the present complaint has been filed.

Mr. Manjit Pathak appeared on behalf of OP on 17.10.2017 and sought time to file reply, however, the reply was not filed.  Hence OP was proceeded ex parte on 20.11.2017.

We have gone through the case file carefully. 

It is proved from the unrebutted testimony of the complainant that OP was unable to develop the project at Haridwar and accordingly offered a plot at Bhiwadi, Rajasthan and even at Bhiwadi, OP was not able to develop the project.  Accordingly the complainant sought refund of the amount but the amount was not refunded.  It is a clear cut case of deficiency in service on the part of OP.

OP is directed to refund a sum of Rs.3,16,382/- to the complainant alongwith interest @ 9% p.a. from the date of respective payment.  OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation expenses.

Let the order be complied with within one month of the receipt thereof.  The complaint stands disposed of accordingly.

            Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

               (H.C. SURI)                                                                                                    (A.S. YADAV)

                 MEMBER                                                                                                      PRESIDENT