| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST) GOVT. OF NCT OF DELHI CONVENIENT SHOPPING CENTRE, FIRST FLOOR, SAINI ENCLAVE, DELHI – 110 092 C.C. No. 100/2016 | SHIVANAND SINGH R/O H.NO.- 1552, MARUTI VIHAR, GURGAON (HARYANA) NEERJA SINGH W/O SHIVANAND SINGH R/O H.NO.- 1552, MARUTI VIHAR, GURGAON (HARYANA) | ….Complainant No.1 ....Complainant No.2 | Versus | | M/S EKDANT BUILDTECH PVT. LTD. OFFICE: C-40, SECTOR-58 NOIDA (UP) – 201301 ALSO AT: M/S EKDANT BUILDTECH PVT. LTD. EKDANT HOUSE, D-18, SECTOR-7, NOIDA (U.P.) RAM SINGH (DIRECTOR) M/S EKDANT BUILDTECH PVT. LTD. CORPORATE OFFICE: D/1/46, LANE NO.3, NEW ASHOK NAGAR, NEW DELHI - 110096 DINESH KUMAR SINGHAL (DIRECTOR) M/S EKDANT BUILDTECH PVT. LTD. CORPORATE OFFICE: D/1/46, LANE NO.3, NEW ASHOK NAGAR, NEW DELHI - 110096 | ……OP |
Date of Institution | : | 25.02.2016 | Judgment Reserved on | : | 23.08.2024 | Judgment Passed on | : | 29.10.2024 |
QUORUM: Sh. S.S. Malhotra | (President) | Sh. Ravi Kumar | (Member) |
Judgment By: Shri S.S. Malhotra (President) JUDGMENT By this judgment the Commission would dispose off the present complaint filed by the Complainant against OP alleging deficiency in service in not handing over the flat of the complainant despite having received substantial amount and then in not even refunding the amount. - Brief facts as stated by the complainant in the complaint are that the OP offered residential flats to the public at large and accordingly complainant visited OP’s Haldwani office and asked for a booking of a flat and after certain discussions the complainant agreed to book a flat in the project of the OP and paid Rs.2,81,436/- on 20.11.2012 and in terms of the allotment letter the complainant was to pay total amount of Rs.29,40,250/-. On further demand of the OP, the complainant again paid an amount of Rs. 2,81,436/- on 07.04.2013, Rs.4,00,000/- on 11.09.2013 and Rs.1,62,871/- on 08.12.2013 and as such has paid 30% of the BSP coming to the total loss of Rs.11,25,743/- to the OP and the account statement as provided by OP is attached as Annexure-C2, but the OP had not completed this project which was to be completed upto December, 2013 and subsequently complainant came to know that OP does not have even the approval plan / license plan for developing the project and he accordingly approached the OP and asked the OP for refunding the amount of Rs.11,25,743/- which was assured by the OP to be refunded but the same was not refunded and as such he served a legal notice upon OP on 28.12.2015 but the same was not complied with and as such he filed the present complaint thereby seeking directions that OP be held liable for deficiency in service and further it be directed to refund Rs.11,25,743/- to the complainant along with Rs.18,000/- per month towards assured rent of flat, Rs.11,000/- towards legal notice charges, Rs.20,000/- towards filing of the present complaint and Rs.2,00,000/- towards compensation for mental agony and harassment.
- The OP could not be served at the given address and as such complainant filed an application affecting the service by way of proclamation /publication and as such OP was served by way of substituted service in Amar Ujala and since he did not appear the OP was proceeded ex-parte.
- Complainant has filed his ex-parte evidence.
- The Commission has heard the arguments and perused the record.
The complainant booked a flat with the OP, the OP has entered into an agreement with the complainant w.r.t. allotment of the flat by mentioning terms and conditions of giving the developed flat to the complainant. The complainant is also been able to prove that he has paid Rs.11,25,743/- to the OP which is duly acknowledge by OP in its ledger account and project is not complete even today all these facts have gone unrebutted and undisputed. The Commission would have been at better position to appreciate the facts of OP if OP would have appeared and would have put up his defense but in absence of any specific defense on the part of OP, the complaint has gone unrebutted and therefore the Commission holds that complainant has been able to establish that there was deficiency in service on the part of OP in not completing the project on time and handing over possession of flat to the complainant and then not even refunding the amount despite service of legal notice. Accordingly, the Commission hereby orders as follows: - OP is directed to refund Rs.11,25,743/- to the complainant with interest @ 11 % p.a. along with compensation of Rs.50,000/- and legal fee of Rs.20,000/-.
This judgment be complied by OP within 30 days from the date of receipt of the judgment and if not complied with by OP then OP would pay an interest to the complainant on all the above amounts @ 14% p.a. from the date of filing the complainant till actual realization. Copy of the order be supplied / sent to the parties free of cost as per rules. File be consigned to Record Room. Announced on 29.10.2024. | |
