CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/568/18

          Date of Institution:-    07.12.2018

          Order Reserved on:- 24.07.2024

                 Date of Decision:-      26.07.2024

IN THE MATTER OF:

Mr.DharmenerOjha

S/o Sh. PC Ojha,

C-5/33, Street No.2,

Sadat Pur, Delhi - 110094

.….. Complainant

VERSUS

Das RaiBahadurAvtar Singh

M.D. Das Infratech P. Ltd.

C-312, UGF, Palam Ext.

Sec-7, Dwarka, Delhi - 110075

   …..Opposite Party

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 that on 23.12.2011,he has booked a plot measuring 51 sq. yards in Das Residency, Keshwana, Jaipur, Rajasthan being developed by OP with the cost price of RS.172329/- excluding registry charges. The OP has issued appreciation letter dated 23.12.2011 of booking of the plot which is C-1. A token money of Rs.21,000/- by way of cheque no.897082 drawn on SBI was given to the OP qua which receipt no.3144 dated 22.12.2011 was issued which is C-2. The amount was payable in instalment of a sum Rs.25,000/- was paid vide cheque no.897088 and receipt no.3151 C-3 was issued.On 27.03.2012, a sum of Rs.30,000/- vide cheque no.897092 was issued qua which receipt no.3592 Ex.C-5 was issued. He has gone to see the construction on the plot but OP did not start the work who assured that everything will be in place within few months. On 20.08.2014 and 11.11.2014, a sum of Rs.50,000/- and Rs.46329/- was paid vide cheque no.000003 drawn on Bank of Baroda and cheque no.027877 drawn on Axis Bank and receipts 5229 and 5300 C-6 and C-7 were issued. The OP has not done the registry in his favour even after 4 years of collection the money. In September 2018, the OP has sought the payment of Rs.10251/- and S.tax of Rs.6029/- which were not the part of payment plan. OP has sought the illegal demand upon which a legal notice dated 20.05.2018 C-9 was issued but in vain. Hence, this complaint.

2. The OP was duly served but absent and accordingly proceeded ex-parte on 25.03.2019.

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. The exhibits shown in the affidavit are not put on the documents annexed with the complaint.

4. We have heardthe 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.172329/- with OP-1 on 23.12.2011. The receipts C-2, C-3, C-5, C-6 and C-7 show that complainant has paid a total sum of Rs.1,72,329/- with the OP. The OP has taken the entire amount but he has neither delivered the possession of the plot to the complainant nor returned the amount received by the OP despite receipt of legal notice C-9. The non-delivery of plot after the receipt of entire amount not only amounts to unfair trade practice but also tantamounts to deficiency in service on the part of OP.

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 pay a sum of Rs.1,72,329/- along with an interest @12% p.a. from the date of legal notice i.e. 20.09.2018 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.