Delhi

East Delhi

CC/605/2015

POONAM RANI - Complainant(s)

Versus

BABA PROBUILD - Opp.Party(s)

20 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 605/15

Ms. POONAM RANI

W/O SURESH CHAND

R/O G-88, BLOCK-G, KARAMPURA,

1.  

                                                                                                                        ….Complainant

Vs

 

M/S BABA PROP BUILD PVT. LTD.,

THROUGH ITS PROPREITOR/DIRECTOR,

NARENDER PAL SINGH

OFFICE & RESIDENCE AT

68-A, 1^ST FLOOR,

PNB BUILDING, MAIN ROAD,

OLD ARJUN NAGAR,

NEW DELHI-110051

                                                                                                                                                                                                                                                                                          ….Opponent

 

Date of Institution: 14.08.2015

Judgment Reserved for: 20.02.2017

Judgment Passed on: 27.02.2017

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: Mr. SUKHDEV SINGH (PRESIDENT)

 

JUDGEMENT

1. Complainant Ms. Poonam Rani has filed this complaint against M/S Baba Prop Build Pvt. Ltd., Under Section 12 of the Consumer Protection Act 1986, for deficiency in service. 
2. Complainant Smt. Poonam Rani booked a residential plot in the project known as M/S Baba Prop Build Pvt. Ltd. She paid sum of Rs. 4,00,000/- on 28/04/2013 at the time of booking, Rs.1,50,000/- on 02/07/2013, Rs.1,00,000/- on 16/04/2014 & Rs.1,00,000/- on 26/05/2014 making a total sum of Rs.7,50,000/-. She has stated that she was assured the possession of residential plot within the period of 2 years which has not been fulfilled. She sent a legal notice on 05/05/2015, thus, she stated that by not delivering the possession within stipulated period M/S Baba Prop Build Pvt. Ltd. (OP) have committed deficiency in services. She has prayed for refund of Rs.7,50,000/- with interest @ 24% per annum with compensation of Rs.50,000/- on account of mental agony “loss of funds”, Rs.50,000/- cost of litigation, and Rs.1,50,000/- towards the inflation of other locations.
3. Notice of the complaint was given to M/S Baba Prop Build Pvt. Ltd. (OP) who did not put the appearance inspite of the notice, hence they have been proceeded ex-parte.
4. In support of the complaint, the complainant has examined herself. She has deposed the facts on affidavit alongwith documents such as, brochure of the project Ex. CW1/1, allotment letter Ex. CW1/2, copies of receipts of booking amount paid by the complainant Ex. CW1/3 (colly) and copy of the legal notice along with postal receipts Ex. CW1/4. In the affidavit she has reiterated the facts as stated in the complaint.
5. We have heard the Ld. Counsel for the complainant and have perused the material placed on record. From the documents placed on record such as Ex. CW1/1 and Ex. CW1/2, it is evident that the complainant was allotted plot in the project known as “Baba’s Oneness City” Greater Noida, Yamuna Expressway Project. From Ex. CW1/3 (colly) which are the payment receipts, it is evident that the complainant have made a total payment of              Rs. 7,50,000/- from time to time. Though complainant have been given allotment letter on 28/05/2013 and she has made payment from time to time amounting Rs.7,50,000/-, starting from 20/04/2013 till 26/05/2014, the Company has failed to execute legal documents such as agreement of sale. Not only that, though the company received payment, but it has failed to deliver the possession of the allotted plot. The fact that there has been reasonable delay in giving possession of the plot inspite of receiving huge payment amounting to Rs.7,50,000/-, certainly there has been deficiency on the part of M/S Baba Prop Build Pvt. Ltd. When there has been deficiency on the part of M/S Baba Prop Build Pvt. Ltd., certainly the complainant was entitled for refund of its amount with compensation. However no compensation can be granted to the complainant on account of inflation in prices.
6.  In view of the above, it is ordered that M/S Baba Prop Build Pvt. Ltd., through its proprietor/director Shri Narender Pal Singh will refund the earnest amount of Rs.7,50,000/- with interest @ 9% from the date of last deposit i.e. from June 2014, Rs.30,000/- towards mental agony which includes the cost of litigation. The awarded amount be paid within the period of 45 days from the date of the receipt of the order, failing which it will carry 9% interest till realization.

Copy of this order be sent to both the parties as per law.

 

 

        (HARPREET KAUR CHARYA)                                                                         (SUKHDEV SINGH)

                        MEMBER                                                                                       PRESIDENT