CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/33/17

          Date of Institution:-    21.02.2017

          Order Reserved on:- 24.07.2024

                      Date of Decision:-      26.07.2024

IN THE MATTER OF:

Sunil Kumar Singh

R/o H. No.A-I-304,Madangir

Rajaram Market,

New Delhi - 110062

.….. Complainant

VERSUS

1. Mr.Arvind Singh

S/o Sh. Shivji Singh

R/o H-283, 3^rd Floor, Dakshinpuri,

Police Station – Dr.Ambedkar Nagar

New Delhi – 110062

2. M/s Kunti Developers (P) Ltd.

LGF-6, D R White House Building

Atta Market, Sector-27,

Noida – 201301 (UP)

…..Opposite Parties

Suresh Kumar Gupta, President

1. The complainant has filed the complaint under section 12 of Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations thathe has booked a plot through OP-1 in the project of OP-2. OP-1 has introduced him to OP-2. A plot measuring 70 sq. yards in Khara No.550 situated at village Sutiyana, Greater Noida, U.P. against cost of Rs.6,20,000/- was allotted to him by OP-2. He has paid a sum of Rs.20,000/- in cash as a booking amount and receipt no.209 dated 27.07.2014 was issued. He has paid second instalment of Rs.61,000/- vide cheque no.805443 drawn in favour of OP-1 and amount was debited from his account on 20.08.2014 and receipt no.216 dated 24.08.2014 was issued. The second instalment of Rs.70,000/- was paid through cheque no.805445 drawn in favour of OP-1 and amount was debited from his account on 04.10.2014 and receipt no.403 dated 28.09.2014 was issued by OP-2. He has till date paid Rs.151000/- to the OPs. He has visited the site and shocked to see that there was no project in operation. He has requested the OPs to refund the amount and he was assured to do so in few months but in vain upon which a legal notice dated25.11.2016 was issued and delivered on 26.11.2016 at the address of OPs. There is deficiency of service as well as unfair trade practice on the part of OPs. Hence, this complaint.

2. The OPs were duly served but absent and accordingly proceeded ex-parte on 21.02.2017.

3. The complainant has filed the ex-parte evidence wherein he has corroborated the version of the complaint and placed reliance on the documents annexed with the complaint.

4. We have heard the Ld. Counsel for the complainant and perused the entire material on record.

5. The perusal of the entire material on the record shows that complainant has booked plot with the total price of Rs.6,20,000/- with OP-2. The annexures-1, 2and 4 coupled with bank statement annexure-3 and 5 show that complainant has paid a total sum of Rs.151,000/- with the OPs. The OPs have taken the amount of Rs.1,51,000/- but they havenot started the construction of  the project. They have not returned the amount received by themdespite receipt of legal notice annexure-8. TheOPs have not started the project. They have not refunded the amount so received by them. This not only amounts to unfair trade practice but also tantamounts to deficiency in service on the part of OPs.

6. The evidence led by the complainant has gone unrebutted. There is nothing on record to view the evidence with the aid of spectacles. Hence, the evidence led by the complainant is relied upon.

7. In view of our aforesaid discussion, the complaint of the complainant is allowed to the effect that OPs shall jointly or severallypaya sum of Rs.1,51,000/- along with an interest @12% p.a. from the date of legal notice i.e. 25.11.2016 till its realization. The complainant is also entitled for compensation on account of mental harassment and litigation expenses to the tune of Rs.50,000/-. The OPs are directed to comply with the order within 45 days from the receipt of the order failing which complainant will be entitled for interest @12% p.a. on the amount of mental harassment and litigation charges i.e. from the date of order till its realization.

• A copy of this order is to be sent to all the parties as per rule.
• File be consigned to record room.
• Announced in the open court on 26.07.2024.