CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/449/17

          Date of Institution:-    13.09.2017

          Order Reserved on:- 25.01.2024

        Date of Decision:-     13.03.2024

IN THE MATTER OF:

Mr. Daman Yadav S/o Rao Shwo Ram Singh,

R/o V.P.O. Sarhaul,

Sector-18, Gurgaon.

.….. Complainant

VERSUS

Dass Rai Infratech Pvt. Ltd. having its registered office at

C-312, Ground Floor Sector7, Palam Extn.,

Dwarka, New Delhi, South West Delhi

Through its Director/MD

Also at:

T-1 3^rd Floor, Manish Abhinav Plaza Plot No.5,

Sector-5, Dwarka, New Delhi – 110075

Through its Director/MD

  .…..Opposite Party

ORDER

Suresh Kumar Gupta, President

1. The complainant has filed the complaint under section 12 & 14 of Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations that he has booked a plot in the project titled as “Dass Paradise, Rajasthan” measuring 100 sq. yds. of OP for a sum of Rs.1,36,250/-. The said amount was paid by cheque no.023664 dated 15.03.2014 of Rs.1,06,250/- drawn on Central Bank of India, Gurgaon as well as by paying cash of Rs.30,000/- upon which receipt no.415 dated 03.05.2014 and 09.05.2014 were issued by the OP. A letter of appreciation dated 03.05.2014 was issued by OP. The OP has assured that project will be started on getting CLU from Town and Country Planning, Jaipur. The instalment of Rs.80,000/- vide cheque no.023666 was paid to the OP. The OP has neither handed over the possession of the plot nor shown CLU to him or returned the amount paid by him to OP. A legal notice dated 25.05.2015 was issued to the OP which was duly replied. The OP has neither refunded the amount paid by him nor delivered the possession of the plot. Hence, this complaint.

2. The OP has filed the reply to the effect that complainant has not made any complaint regarding deficiency in service. This is not a consumer dispute. The complainant is not a consumer. The complainant has never paid the instalments out of the total consideration amount of Rs.5,45,000/- in terms of Builder Buyers Agreement. OP has not never assured the complainant to refund the amount. The complainant has not deliberately taken the possession and is deliberately creating the stories. The complainant is harassing OP in order to extort the money.

3. The complainant has filed the rejoinder wherein he has denied the averments of the written statement and reiterating the stand taken in the complaint.

4. The parties were directed to lead the evidence.

5. The complainant filed his own affidavit in evidence wherein he has corroborated the version of the complaint and placed reliance on documents Ex.P-1 to P-8.

6. The OP has filed the affidavit of Sh. Das Rai Bahadur Avtar Singh in evidence wherein he has corroborated the version of the written statement and placed reliance on documents Ex.OP-1/1 to OP-1/12.
7. We have heard the complainant and perused the entire material on record. OP was given time to address the arguments but did not appear to address the arguments.

8. The OP has admitted that complainant has booked a plot in his project titled as Dass Paradise. The OP has nowhere disputed the receipt of Rs.2,16,000/- from the complainant qua which receipts Ex.P2 to P4 are issued.

9. The OP has alleged that complainant has not deposited the instalment in terms of Builder Buyers Agreement and issuance of reminders Ex.OP1/2/3/5/7/9/11 and ultimately a notice dated 21.12.2017 Ex.OP1/12 was issued to make the entire balance  payment otherwise amount so deposited will be forfeited.

10. The complainant was not interested in the plot as OP has neither shown the CLU nor delivered the possession of the plot.

11. The OP has not placed on record Builder Buyers Agreement to show the terms and conditions of the agreement. There is nothing on the record that complainant has opted for 12 months payment plan as referred by OP in the reminder for making the payment Ex.OP1/3.

12. The complainant has made it clear to the OP that he is not interested in the plot so the amount deposited be refunded to him and even legal notice Ex.P6 dated 25.05.2017 was issued to the OP.

13. The complainant has made it clear to the OP that he is not interested in the plot as CLU was never shown to him. The complainant has even demanded the amount so deposited by him with OP. The legal notice was issued to the OP but even then OP has not refunded the amount. The complainant cannot take the plot in the absence of CLU. The OP has not placed on record the CLU to show that the version of the complainant is not correct. The booking of plot and thereafter not getting the CLU tantamount to deficiency of service on the part of OP.

14. Hence, in view of our discussion, the complaint of the complainant is allowed to the effect that OP shall refund the amount i.e. Rs.2,16,250/- along with interest @7% p.a. from the date of the legal notice till its realization. The complainant has undergone mental agony so he is entitled for compensation on this score also. The OP shall also pay Rs.15,000/- towards compensation. The OP shall comply with the order within 45 days from the date of receipt of order failing which complainant is also entitled for interest @7% p.a. on compensation 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 13.03.2024.