BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,   REWARI.

                                                Consumer Complaint No:709 of 2010.

Date of Institution:  26.11.2010.

Date of Decision:    13.01.2015.

Smt. Suman wife of Dr. Kavinder, resident of village and Post office Chhuchhakwas,  Tehsil  Matanhail, District Jhajjar.    

                                                                         …....Complainant.

                                      Versus

1.  M/s Dwarkadhis Project Pvt. Ltd. 3 D, BigJo’s, tower, Netjaji Subhash Place Pitampura  Delhi 1100034  through Manager marketing Shri Prashant Malhotra,
2.  The Director, M/s Dwarkadhis  Project Pvt. Ltd. 3D, BigJo’s tower Netaj Ji Subhash Place Ptiampura Delhi 1110034,
3.  AXIOM Properties, Shop no.7, Edmonton Shopping Mall, Hotel Bristol DLF-1, Gurgaon, through its proprietor Shri Rajesh Shroof,
4. Akash, Agent of Axiom Properties, shop no. 7, Edmonton shopping Mall, hotel Bristol, DLF-1, Gurgaon,
5. Vikcy Prutihi proprietor, Pruthi, Cloth House, near police station, Main Bazar, Jhajjar ( Sub agent of Axiom Properties).

                                                                 ….…Opposite Parties.

Complaint Under Section 12  of Consumer Protection Act

        Before: Shri  Raj  Kumar ………. …..………..PRESIDENT

                       Shri Kapil Dev Sharma…………………MEMBER

Present :         Shri N.S.Rao , Advocate for the complainant.

                        Shri   Akshay Gupta, Advocate for the opposite parties

                         No.1 and 2.

                         Opposite parties no.3 to 5  exparte. 

ORDER

 Per  Raj Kumar President

                             Factual matrix comprising the case of the complainant, shorn of details, is that the complainant had booked a 

Flat of two bedroom measuring 1200 sq. ft.  @ Rs. 1550/-  per sq.ft  under the project of Aravali Heights-1 at Dharuhera launched by the opposite parties and deposited  Rs. 2,50,000/-  on 19.2.2007 and further deposited a sum of Rs. 1,22,000/-  on 22.5.2007    but the opposite parties instead of  offering possession of the constructed flat within the stipulated period of 12 months ,  again asked him to deposit a sum of Rs. 1,22,000/-.  So, the complainant requested the opposite parties to refund the entire amount  with interest @ 10% p.a. but no heed was paid toward her requests; hence this complaint.

2)                         Opposite parties no. 1 and 2 in the reply averred that the apartment no. D-3/106 in tower no. D-3 was allotted to the complainant vide letter dated 31.10.2007 but she  failed to deposit the amounts so demanded vide letter dated 2.1.2008, 10.6.2008, 12.9.2008, 26.11.2008 and 14.3.2009.  It is further averred that the construction work of apartments is in full swing and they are ready to perform  the part of the  promise  of providing apartment subject to payment of he dues.  In the end, dismissal of the complaint has been prayed for.  Opposite parties no.3 to 5 did not appear in spite of due service effected through registered post and as such they were proceeded exparte .  

3)                         We have heard both the counsel for the parties and gone through both oral as well as documentary evidence on the file thoroughly. 

4)                         It is not disputed that the complainant has deposited an  amount Rs. 2,50,000/- on 18.2.2007 and Rs. 1,22,000/- on 22.5.2007  and since no construction work was started at the site, the complainant sought the refund of the amount.  The plea of the opposite parties to  forfeit the deposited amount cannot be accepted as the opposite parties itself  also is  blameworthy for not performing the part of contract as per the stipulated schedule.  No cogent reason has come on record to justify the inordinate delay which is also contradictory to their own agreement.  The opposite parties have so far been getting undue benefit amounting to wrongful gain of the amount received from the complainant and causing wrongful loss to the complainant  No cogent reason whatsoever has come on record as to why the builder has betrayed the terms and promise of completing the construction within time.    The complainant must have suffered tremendous mental tension, harassment and financial loss. Under these circumstances, the complainant is entitled to the refund of his money with interest.  So far as the rate of interest is concerned, as per the terms and conditions of the application Ex. OP-1/3, the amount is refundable to the complainant with simple interest @ 10% p.a. and to our mind, it is just and proper if rate of interest @ 10% p.a. is awarded to the complainant.

 5)                        Consequently, the complaint is allowed directing the opposite parties to return the entire deposits of  Rs. 3,72,000/-   ( i.e. Rs. 2,50,000/- + Rs.1,22,000/-) to the complainant with interest @ 10% p.a.  from the date of respective deposits till payment maximum with a period two months from the date of receipt of the copy of this order. Complainant is also allowed compensation of Rs. 40,000/- and litigation expenses of Rs. 5500/- against the opposite parties. 

Announced

 13.1.2015.               

                                                                    President,

                                                          Distt. Consumer Disputes

                                                          Redressal Forum, Rewari.

                    Member, 

             DCDRF,Rewari.