Haryana

Sonipat

CC/382/2015

Om Parkash S/o Saini Farm - Complainant(s)

Versus

BIGJOs Estate Ltd. - Opp.Party(s)

Parveen

28 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.382  of 2015.                                                Instituted on:8.10.2015

                                Date of order:28.07.2016

 

Om Parkash r/o Saini Farm, Bari, Distt. Sonepat.

…Complainant.         

Versus

 

Bigjo’s Estates Ltd. Corporate office-L-1/1 South Extn. Part II, New Delhi-110049.

                                                     …Respondent.

 

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Parveen Tonk     Advocate for complainant.

           Sh. Vivek Vedi Manager for respondent.

 

Before-    Nagender Singh-President.

Prabha Wati-Member.

J.L. Gupta-Member.

 

O R D E R

 

          Complainant has filed the present complaint against the respondent alleging therein that on 19.2.2006, the complainant had applied for the allotment of a plot measuring 300 sq. yards in respondent’s future township  and has deposited Rs.3,42,000/- through cheque and the allotment was to be made by the respondent within six months from the date of application.  But since the date of deposit of the amount, the respondent has neither handed over the possession of the plot to the complainant nor have constructed any building whereas they are using the amount of the complainant for their own benefits. This wrongful act of the respondent has caused unnecessary mental agony and harassment to the complainant. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondent has submitted that the complainant has forfeited his claim as he has not made any payment as per the schedule.  He did not make any payment since 2006 towards his outstanding amount and after a long gap of 10 years, he has come to this Forum by filing the present complaint.  The complainant during the period w.e.f. 2006 to 2016 never made any correspondence with the respondent.  Thus, the complainant is not entitled for any relief and compensation and has prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the learned counsel for both the parties at length.  All the documents have been perused very carefully and minutely.

          Ld. counsel for the complainant has submitted that on 19.2.2006, the complainant had applied for the allotment of a plot measuring 300 sq. yards in respondent’s future township  and has deposited Rs.3,42,000/- through cheque and the allotment was to be made by the respondent within six months from the date of application.  But since the date of deposit of the amount, the respondent has neither handed over the possession of the plot to the complainant nor have constructed any building whereas they are using the amount of the complainant for their own benefits. This wrongful act of the respondent has caused unnecessary mental agony and harassment to the complainant.

          Ld. Counsel for the respondent has submitted that the complainant has forfeited his claim as he has not made any payment as per the schedule.  He did not make any payment since 2006 towards his outstanding amount and after a long gap of 10 years, he has come to this Forum by filing the present complaint.  The complainant during the period w.e.f. 2006 to 2016 never made any correspondence with the respondent.  Thus, the complainant is not entitled for any relief and compensation.

          But in our view,  both the parties are liable for their own acts and deeds.  The complainant after deposit of the amount in the year 2006 has not deposited any amount with the respondent.  Similarly, the respondent except the letter dated 17.7.2008 has not issued any other letter to the complainant thereby raising the demand of deposit of amount of installment.  However, the fact that  respondent still continued utilizing the huge amount of the complainant for their personal gains, cannot be ignored by this Forum.  The amount was deposited by the complainant with the respondent in the year 2006.  In our view, the ends of justice would be fully met if the respondent is directed to refund the amount of the complainant.  Accordingly, it is directed to the respondent to refund the deposited amount to the complainant alongwith interest at the rate of 09% per annum from the date of its deposit till its actual realization.

           With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

(Prabha Wati)(J.L.Gupta)                   (Nagender Singh-President)

Member DCDRF  Member DCDRF                   DCDRF, Sonepat.

 

Announced: 28.07.2016