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.285/2017

SH. RANDHIR KUMAR SINGH
S/O SH. NAGESHWAR SINGH,
DORIGANJ, PS DORIGANJ,
MEHRAULI, SARAN,
BIHAR-841211

…………. COMPLAINANT                                                                                           

Vs.

M/S. ARUN DEV BUILDERS LIMITED
TROUGH ITS DIRECTORS,
F-1211, CHITRANJAN PARK,
NEW DLEHI-110019
 

                      …………..RESPONDENT

                                                                                 Date of Order: 04.02.2019

O R D E R

A.S. Yadav, President

The case of the complainant is that he booked a Flat in the upcoming project of OP in the name of “Dev City Bhiwadi” and paid a sum of Rs. 25,000/- through Demand Drafts in February, 2008, and thereafter paid the monthly installments from February, 2008 to February, 2015 and paid a total sum of Rs. 2,12,000/-.  Complainant received an allotment letter dt. 10.02.2010 whereby he was allotted Flat No.D83/12, 2^nd floor, in the aforesaid project.  He stated that till date the OP failed to give the possession of aforesaid Flat.  Complainant made personal visit and asked about delivery of possession but nothing was done.  Ultimately, Complainant issued a letter dt. 19.09.2015 for cancellation of his allotment and refund of the amount that was duly received by OP despite that the amount was not refunded.  Terming the action of OP as deficiency of service, the present case has been file whereby has prayed that OP be directed to refund a sum of Rs. 2,12,000/- with 24 % interest.  He also sought a compensation of Rs. 25,00,000 and litigation charges to the tune of Rs. 50,000/-. 

Despite service of Notice, nobody appeared for OP accordingly, OP was proceeded ex-parte. 

We have gone through the case file carefully. 

It is proved from unrebetted testimony of the Complainant that he booked a Flat in the project of OP in February, 2008 and initially paid a sum of Rs. 25,000/- and thereafter paid monthly installments till 2015 and in all paid a sum of Rs. 2,12,000/-  despite receiving such a huge amount OP failed to deliver possession of the Flat till filing of the complaint.  This complaint was filed after 9 years of booking of the Flat.  OP duly received applications for refund of the amount on 19.09.2015 despite that the amount was not paid. 

It is a clear cut case of deficiency of service on the part of OP.  OP is directed to refund a sum of Rs. 2,12,000/- with 10 % interest from 01.10.2015 and is further directed to pay Rs. 15,000/- 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