Delhi

New Delhi

CC/674/2016

Ranbir Singh Khari - Complainant(s)

Versus

Falcon Ralty Services Pvt.Ltd. - Opp.Party(s)

02 Mar 2020

ORDER

 

 

                                   CONSUMER DISPUTES REDRESSAL FORUM-VI

                      (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

                             VIKAS BHAWAN, I.P.ESTATE,

                              NEW DELHI-110002.

 

CC. No./674/2016                                                                            Dated:

 In the matter of:-                                                                                                                            1. Ranbir Singh Khari

         1.   S/o Sh. Dhaniram Khari,

    R/o Village & P.O. Sultanpur,

                New Delhi.

 

         2.     Smt. Dharambati Khari

               W/o Ranbir Singh Khari

    R/o Village & P.O. Sultanpur,

                  New Delhi.

                                                                                                …..Complainant

 

Versus

 

1.        M/s Falcon Realty Services Pvt. Ltd.

801, New Delhi House, 8^th Floor,

27, Barakhamba Road, Connaught Place,

New Delhi- 110001.

Through its Directors

 

        2.         Bhim Yadav

                   Director

M/s. Falcon Realty Services Pvt. Ltd.

801, New Delhi House, 8^th Floor,

27, Barakhamba Road, Connaught Place,

New Delhi- 110001.

 

 

        3.       Sheily Arora

                  Director

M/s. Falcon Realty Services Pvt. Ltd.

801, New Delhi House, 8^th Floor,

27, Barakhamba Road, Connaught Place,

New Delhi- 110001.

                                                                                                 .…… Opposite Parties

 

                                                        ORDER

 

            PRESIDENT- ARUN KUMAR ARYA

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that complainant had booked a residential apartment in ‘Akhil Bhartiya Awasiya Yojna’ art Global Eco City on NH-8 Expressway, BTK Urban Complex, NCRM Katkasim on 11/08/2011. The complainant was allotted apartment no. 610, floor no. 6^th, Towner No. 1, Tower Name- Abay, having super area of 545 sq. ft. @ 1743/- per sq. ft. plus Rs. 03,00,000/- towards covered car bay.

The complainant had deposited Rs. 10,86,460/- till May, 2014 as per the demands of OP further the OP had not raised any demands. It is alleged that as per the agreement, the OP were required to hand over the possession within a period of 2.5 years i.e. till July, 2013.

The complainant then stated enquiring about the construction of aforesaid residential scheme and about the possession but OPs made lame excuses. The complainant no. -1 also visited the site of construction in August, 2015 to know the actual state of affairs and the complainant no.1 was greatly disappointed to know that no construction activity was being carried out at the site and the construction is lying closed since a long time.

The complainant no. 1 also preferred a police complaint against the OPs, but no action against the OPs has been taken by the police, complainant also sent legal notice to the OP and OP had also replied just endeavored the avoid its liability. The complainant demanded his money back but the OPs neither refunded the deposited amount nor completed the project in question, hence this complaint.

Notice of the complaint was sent to the OP but none appeared and therefore, OP was ordered to be proceeded with ex-parte on 30/08/2017 by our predecessor Bench.

Complainant has filed ex-parte evidence by way of affidavit wherein he has corroborated the contents of his complaint. File is perused.

 

From the un-rebutted testimony of the complaint and documents placed on record, we are convinced that the submissions put forth by the complainant are true.  Bare perusal of the complaint and its annexures shows that complainant booked a residential apartment in ‘Akhil Bhartiya Awasiya Yojna’ art Global Eco City on NH-8 Expressway, BTK Urban Complex, NCRM Katkasim on 11/08/2011  bearing no. 610, floor no. 6^th, Towner No. 1, Tower Name- Abay, having super area of 545 sq. ft. @ 1743/- per sq. ft.

Complainant had deposited Rs. 10,86,460/- towards the payment of the apartment in question but OP neither gave the possession of the apartment in question nor refunded the amount deposited by the complainant to the OP.

In view of above discussion, We hold the OP to be guilty of deficiency in service and direct as under:-

                     i.)  OP to pay to the complainant a sum of Rs. 10,86,460/- along with simple interest @ 9% p.a. from the date of making                                   last  payment i.e. 12/05/2014 till the date of realization.

ii)    Pay to the complainant a sum of Rs.10,000/- as compensation towards harassment, mental agony and pain including the cost of litigation.

 

The order shall be complied within 30 days of the receipt of the copy of the order. A copy of this order be sent to both the parties free of cost by post.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on 02/03/2020.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

(NIPUR CHANDNA)                                                                                         (H M VYAS)

            MEMBER                                                                                        MEMBER