Delhi

West Delhi

CC/15/366

Capt. Dharmbir Singh Dabas - Complainant(s)

Versus

Director HOP Developers Pvt. Ltd - Opp.Party(s)

28 Oct 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151 Community Centre, C-Block, Janakpuri, New Delhi – 110058

                                                                                     Date of institution: 08.06.2015

Complaint Case. No.366/15                                           Date of order: 28.10.2017

IN  MATTER OF

Capt.  Dharmbir Singh Dabas R/o C-1/63-64, Second Floor, Sector-16, Rohini, Delhi-110089

Complainant

VERSUS

Director HOP Developers Pvt. Ltd, 406  Jyoti Shikhar Building District Centre, Janak Puri, New Delhi-110058  also at Office No. 2-A, F/F Choudhary Balbir Singh Complex, Jwala Heri Market , Paschim  Vihar, New Delhi-110063.

                                                                                                                Opposite party             

ORDER

R.S. BAGRI,PRESIDENT

Capt. Dharambir Singh Dabas   named above herein the complainant has filed the present consumer complaint against Director HOP Developers Pvt. Ltd.  herein after referred as the opposite party stating that the complainant on 03.05.2014 booked a plot measuring 100sq.yds in Tronica Enclave project of the opposite party and paid earnest sum of  Rs. 1,20,000/- vide receipt no. 0172 dated 03.05.2014.  The remaining sale price of Rs. 10,80,000/- was to be paid in 36 easy monthly installments of Rs. 30,000/- and as per  buyer’s agreement  no extra charges EDC/IDC/PLC  has to be levied by the opposite party. The opposite party on receipt of registration amount of Rs.1,20,000/-  has to provide NOC,  approval from GDA and  land ownership documents.  The complainant several times  requested  the opposite party to  provide legal documents as promised by the opposite party. The opposite party failed to provide the NOC, approval from GDA and land ownership documents despite receiving the registration money.   The complainant has also given post dated cheques   for the balance payment of monthly installments of Rs. 30,000/-, with a condition that the cheques shall be encashed after giving  NOC, approval from GDA and land ownership documents.  The opposite party encashed the post dated cheques issued to them without giving the documents as promised.  The opposite party intentionally failed to provide desired documents as per the terms and conditions of the agreement and adopted unfair trade practice. Thereafter, the complainant vide letter dated 30.01.2015  requested for cancellation of property in dispute and refund the amount deposited with the opposite party.  But the opposite party failed  to cancel the  plot.  Hence the  present complaint  for directions the opposite party to refund  Rs 2,70,000/- amount paid by the complainant  with interest @ of 24% from date of depositing  the amount  till realization of the amount and compensation of Rs. 2,00,000/- for harassment   mental tension and agony                      Rs. 2,00,000/- and Rs 25,500/- as cost of litigation.  

     Notice of the complaint was sent to the opposite party. But despite service none appeared on behalf of the opposite party. Therefore, the opposite party was proceeded ex-parte vide order dated 07.01.2016.

            When  Cpt. Dharambir Singh Dabas complainant was asked to lead evidence in support of his complaint he tendered his affidavit narrating facts of the complaint. He also relied upon copy of application form with terms and conditions for registration,  booking and allotment, pamphlet, letters dated 03.05.2014 and  30.01.2015 for request to cancel and refund  total  amount paid to the opposite party,  copy of statement of account of the complainant and  receipts dated 25.03.2014, 10.04.2014, 08.07.2014,  09.08.2014,  19.08.2014 and   11.10.2014.

We have heard the complainant  in person and  have gone through the material placed on record carefully and thoroughly . 

From perusal of the letters dated 03.05.2014 and 30.01.2015, receipts dated 25.03.2014, 10.04.2014, 08.07.2014,  09.08.2014,  19.08.2014 and   11.10.2014 and statement of account of the  complainant it reveals that the complainant paid Rs. 1,20,000/- towards registration of a plot measuring 100sq. yds. to the opposite party.  The complainant has already paid a sum of                         Rs. 2,70,000/- to the opposite party.  But despite request the opposite party failed  to cancel the plot and refund Rs. 2,70,000/-  of the complainant.   

  The version of the complainant has remained unrebutted and unchallenged. Therefore, there is no reason to disbelieve the unrebutted and unchallenged version and evidence of the complainant. The complainant from the unrebutted and unchallenged version and evidence has been able to prove that the complainant on 03.05.2014 booked a plot measuring 100sq.yds in Tronica Enclave project of the opposite party on payment of earnest sum of  Rs. 1,20,000/- vide receipt no. 0172 dated 03.05.2014. The remaining sale price was to be paid in 36 easy monthly installments of Rs.30,000/-. The complainant paid total amount of  Rs. 2,70,000/- .  The complainant several times requested the opposite party to provide legal documents of the land.  But the opposite party failed to provide the same. The complainant pointed out one clause no. 19  of  terms and conditions for  registration/booking/allotment .  Which runs as under:-

            “ if there  are  any disputes in the land found up to development stage,  the allottee will be refunded his/her money with simple interest of 9% p.a”

            The complainant vide letter dated 30.01.2015 alleged that the land in dispute is not in possession of the opposite party. There is dispute between the opposite party and owner of the land.  There is nothing on record to rebut the allegations of the complainant.

Hence the opposite party adopted unfair trade practice and there is deficiency in service on the part of the opposite party. Therefore, the opposite party is liable to refund the amount received from the complainant and pay compensation for mental agony, pain and harassment.

      In light of the above discussion and observations the complaint succeeds and is allowed. The opposite party is directed to refund Rs. 2,70,000/-total amount paid by the complainant  with interest @ 9% per annum from the date of filing of the complaint till actual realization of the amount and pay compensation of Rs. 5000/- for mental agony, pain and harassment and litigation expenses.

Order pronounced on : 28.10.2017

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

(PUNEET LAMBA)                                                                                      (R.S.  BAGRI)                      MEMBER                                                                                       PRESIDENT