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.23/2015
SH. NARENDER KUMAR
S/O SH. JAIDEV SINGH
R/O VILLAGE & P.O. MAJRA SHEORAJ
TEHSIL AND DISTT. REWARI, HARYANA
…………. COMPLAINANT
VS.
- M/S ARUN DEV BUILDERS LTD.,
THROUGH ITS MANAGING DIRECTOR
OFFICE AT:- F-1211, CHITRANJAN PARK,
NEW DELHI-110019
- MANAGING DIRECTOR
M/S ARUN DEV BUILDERS LTD.,
OFFICE AT:- F-1211, CHITRANJAN PARK,
NEW DELHI-110019
…………..RESPONDENTS
AND
Case No.23/2015
SH. BRAHAM MITTER YADAV
S/O LATE SH. RAM CHANDER YADAV
R/O L-292, R-MODEL TOWN,
REWARI, HARYANA
…………. COMPLAINANT
VS.
- M/S ARUN DEV BUILDERS LTD.,
THROUGH ITS MANAGING DIRECTOR
OFFICE AT:- F-1211, CHITRANJAN PARK,
NEW DELHI-110019
- MANAGING DIRECTOR OFFICE AT:-
M/S ARUN DEV BUILDERS LTD.,
OFFICE AT:- F-1211, CHITRANJAN PARK,
NEW DELHI-110019 …………..RESPONDENTS
Date of Order: 01.02.2016
O R D E R
A.S. Yadav – President
By this order we shall dispose of the aforesaid complaints as the common question of fact and law is involved. For the sake of reference, facts of case no.22/2015 are detailed.
In brief the case of the complainant is that on 25.9.06 he booked a residential house of 200 sq. yds. in project of OP namely Arun Dev Citi at Haridwar, Uttrakhand and deposited Rs.1,50,000/- on 29.9.06 vide receipt No.4463 dated 29.9.06. OP demanded instalment and complainant deposited the same on 30.11.06 vide cheque dated 30.11.06 for Rs.269580/-. OP again sent a demand letter on 06.3.07 for Rs.3,00,000/- and complainant deposited the same vide receipt No.15622 dated 10.5.07.
It is further stated that OP failed to build house/cottage on the plot and hand over the possession of the same. Complainant made several visits to office of OP and requested to hand over the build house/cottage and he was ready to deposit the balance amount but OP failed to hand over the build house. Complainant sent a legal notice on 15.6.12 to OP. This clearly shows deficiency in service on the part of OP.
It is further stated that complainant filed complaint in Haryana District Consumer Forum but District Forum vide order dated 10.12.14 dismissed the same with liberty to file the same before the Forum of competent jurisdiction. Accordingly the present complaint has been filed. It is prayed that OP be directed to pay Rs.7,19,580/- deposited by complainant alongwith interest @ 24% and Rs.10 lakhs for compensation.
OP did not file reply despite number of opportunities give hence its right to file reply was closed.
We have heard Ld. Counsel for complainant and carefully perused the record.
The booking was made in September 2006. Thereafter first instalment of Rs.2,69,580/- was paid on 30.11.06 and the second instalment was paid on 10.5.2007 but there was no progress in the project at the end of OP. Even despite service of legal notice dated 15.06.12, the possession was not handed over till date. It is a clear cut case of deficiency in service on the part of OP.
OP-1 is directed to refund the amount of Rs.7,19,580/- alongwith interest @ 10% p.a. from 01.06.2007. OP is further directed to pay Rs.10,000/- towards compensation and Rs.10,000/- towards litigation expenses in both the cases.
Let the order be complied 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.
(D.R.TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
