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.16/2018
MR. RAM CHANDRA PRASAD
S/O SH. SUKDEO SAH
R/O H.NO. T-134/1, FLAT NO.303, 3RD FLOOR,
BEGAMPUR, MALVIYA NAGAR,
NEW DELHI-110017
…………. COMPLAINANT
Vs.
- M/S ARUN DEV BUILDERS LTD.
- MANOJ BHARDWAJ
- SHYAM BHARDWAJ
ALL AT:- F-1211, CHITTRANJAN PARK,
NEW DELHI-110019
…………..RESPONDENTS
Date of Order:21.08.2018
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 the Future Township Project of OP at Dehradun, Uttrakhand for a total cost of Rs.3,50,100/- and initially paid a sum of Rs.46,800/- vide cheque dated 03.05.2007. Thereafter the complainant paid further payments and in all he paid Rs.3,11,221/- against the total cost of the plot.
It is further stated that on 23.07.2012 OP issued a letter regarding allotment of plot against the booking of the complainant i.e. plot No.C-170 in the said project. However, in that letter OP informed that the total payable amount is Rs.3,82,02/-. It is stated that OP has not given possession of the plot to the complainant. In fact the complainant visited to the site and on inquiry it was found that there was no project belonging to OPs and there was no development at all at the site. The complainant sent various letters to OPs regarding refund of the amount but the same was not paid by OPs. Terming the action of OP as deficiency in service, the present complaint has been filed whereby the complainant has sought refund of Rs.3,11,221/- alongwith interest and also sought compensation and litigation expenses.
Notice of the complaint was sent to OP. None appeared for OP despite service of notice hence OP was proceeded ex parte.
We have gone through the case file carefully.
In the letter dated 23.07.2012, OP has admitted that the complainant has paid a sum of Rs.3,11,221/- and that letter shows that net amount due with registry charges was Rs.1,08,332/-.
The complainant has specifically stated that he visited the site and found that in fact there was no project of OP at the site. Thereafter the complainant sent various letters to OP asking for 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.3,11,221/- to the complainant alongwith interest @ 10% 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.
(RITU GARODIA) (H.C. SURI) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
