CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.607/2012
SH. RAVI KANT GUPTA
S/O SH. LAXMI KANT GUPTA
R/O FLAT NO.23, LIG FLATS,
JAIDEV PARK, EAST PUNJABI BAGH,
NEW DELHI-110026
…………. COMPLAINANT
VS.
- GE-MAX INFRASTRUCTURES PVT. LTD.
(THROUGH ITS MANAGING DIRCTOR)
REGD. OFFICE:
142, GUPTA SADAN, BADARPUR,
NEW DELHI-110044
- SH. AKASH GUPTA
R/O 142 GUPTA SADAN, BADARPUR,
NEW DELHI-110044
- SH. HARSH KUMAR
R/O HOUSE NO.365, SECTOR-28,
FARIDABAD-121003, HARYANA
- SH. HANS RAJ AHUJA
R/O 12 GOPI COLONY, FARIDABAD OLD,
FARIDABAD-121007, HARYANA
- SH. PAWAN KUAMR GUPTA
R/O 1559, SECTOR-15, FARIDABA-121007, HARYANA
- SH. UMA SHANKER
R/O 323 ASHOKA ENCLAVE III,
FARIDABAD-121003, HARYANA
…………..RESPONDENTS
Date of Order: 14.03.2016
O R D E R
A.S. Yadav – President
Complainant has applied for advance registration for allotment of property for self occupation and for the purpose of self employment in the project of OP to be launched in sector-89 Faridabad and made a payment of Rs.2 lakhs on 20.06.2007. OP-1 has is a company and OP-2 to OP-6 are its Directors. As per condition (c) of application form OPs were required to allot a unit to complainant within nine months from the date of his application but complainant has not been allotted any specified unit till date nor the project has been launched. Despite making tall claims, OPs failed to adhere to their promise and defaulted in their promised obligation. Hence complainant was forced to request OPs to refund advance amount of Rs.2 lakhs vide letter dated 28.02.2011.
Complainant even approached OP personally and requested OPs to refund the amount but OPs refused to accede to the request of complainant.
It is prayed that OPs be directed to refund Rs.2 lakhs alongwith 18% interest from the date of deposit till realization alognwith Rs.1 lakhs for compensation and Rs.11,000/- towards litigation expenses.
Nobody appeared for the OPs. OPs proceeded ex parte on 03.05.2013.
It is proved from unchallenged testimony of complainant that he deposited Rs.2 lakhs with OP and OP promised to allot a unit to complainant within nine months. The space was booked by complainant for self occupation for the purpose of self employment. Even the project was not started and despite notice the amount was not refunded. It is a clear cut case of deficiency in service on the part of OPs.
OP-1 is directed to refund Rs.2 lakhs alongwith interest @ 9% p.a. from the date of depositing the amount i.e. July 2007. OP-1 is also directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
