Delhi

East Delhi

CC/568/2012

MANOJ KR. - Complainant(s)

Versus

ARUNDEV BUILDER - Opp.Party(s)

17 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 568/12

 

Shri Manoj Kumar

S/o Shri Birendra Singh

R/o E-402, 1^st Floor, Gali No. 6,

West Vinod Nagar

Delhi – 110 092                                                           ….Complainant

 

Vs.    

 

Arun Dev Builders Ltd.

Through its Manager/Proprietor

F-1211, C.R. Park

New Delhi – 110 019

Corp. Off.: F-89/11, Okhla Phase-I

New Delhi – 110 019                                                       …Opponent

 

Date of Institution: 17.07.2012

Judgement Reserved on: 17.04.2018

Judgement Passed on: 20.04.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Shri Manoj Kumar against             M/s. Arun Dev Builders Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that complainant Manoj Kumar registered himself for allotment of a unit of approximately 350 sq. ft. in the project at Bhiwandi by depositing an initial payment of Rs. 30,000/- through cheque no. 232952 dated 05.05.2008 of Standard Chartered Bank, drawn in favour of Arun Dev Builders Ltd. (OP).  OP issued an allotment letter of 350 sq. ft. flat to the complainant on 19.08.2009.

            The complainant deposited a total amount of Rs. 1,85,000/-.  It is stated that they have taken back all the original documents for refund of  Rs. 1,85,000/- as they failed to give possession of the flat.  They have refunded an amount of Rs. 25,000/- and have retained an amount of       Rs. 1,60,000/-. 

            Legal notice dated 03.05.2012 was sent by the complainant, which was not replied.  It is further stated that by not refunding balance amount of Rs. 1,60,000/-, as per terms and conditions of the agreement, there has been deficiency in service on the part of OP.  Hence, the complainant has claimed an amount of Rs. 1,60,000/- with compensation of Rs. 50,000/- and Rs. 30,000/- on account of legal expenses.

3.         Notice of the present complaint was issued to OP.  OP refused to accept the notice.  None have appeared on behalf of OP, hence they were proceeded Ex-parte.

4.         The complainant has filed evidence by way of affidavit where he has examined himself.  He has narrated the facts which have been stated in the complaint.  He has got exhibited documents such as copy of cheque no. 232952 dated 05.05.2008 (Ex.C-1 colly.), copy of allotment letter (Ex.C-2), copy of receipts of amount paid (Ex.C-3 colly.), copy of bank statement (showing refund of Rs. 25,000/- (Ex.C-4) and copy of legal notice dated 03.05.2012 (Ex.C-5).

5.         We have heard the complainant and have perused the material placed on record.  From the documents placed, it is noticed that complainant have paid an amount of Rs. 1,85,000/- out of which he has received an amount of Rs. 25,000/- leaving a balance of Rs. 1,60,000/-. 

            If a look is made to the application for provisional registration (Annexure C-1), it is noticed that one of the condition has been that       Arun Dev Builders Ltd. (OP) have to give possession within 36 months and if they failed to give possession, the company was to refund the amount with simple interest of 9%.  However, if the complainant asked for refund before 36 months, the company have to refund 85% of the amount.

            In the present case, the complainant have not been given possession of the flat/plot and the company have returned only Rs. 25,000/- which is against the terms of application form.  The fact that Arun Dev Builders Ltd. (OP) have failed to give possession of the flat within the stipulated period, certainly, the complainant was entitled for refund of the amount paid with 9% interest.  When the company have failed to give possession, the complainant have suffered mental pain and agony.

            In view of the above, it is ordered that Arun Dev Builders Ltd. (OP) shall refund an amount of Rs. 1,60,000/- with 9% interest from January 2012 till realization.  We further award compensation of Rs. 25,000/- towards harassment and mental agony which includes the cost of litigation. 

            The order be complied within a period of 45 days, if not complied, the amount of compensation of Rs. 25,000/- shall also carry 9% interest from the date of order.      

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                            (HARPREET KAUR CHARYA)

Member                                                                                   Member    

            (SUKHDEV SINGH)

             President