Delhi

East Delhi

CC/39/2017

GANESHI SINGH - Complainant(s)

Versus

JIVEN VIHAR SARKARI AWAS - Opp.Party(s)

05 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 39/2017

 

	GANESHI SINGH S/O SH. GOPI SINGH, R/O H.NO. C-139, GALI NO.2, PRAKASH VIHAR, KARAWAL NAGAR, NORTH EAST DELHI – 110094	….Complainant
Versus
	JEEVAN VIHAR SHAKARI AWAS SIMITI LTD. 5/238/A, LALITA PARK LAXMI NAGAR, DELHI – 110092   ALSO AT:- D-1, VANDANA ENCLAVE, KHODA COLONY, NOIDA GAUTAM BUDH NAGAR, UTTAR PRADESH	……OP

 

                                                         

Date of Institution: 20.01.2017

Judgment Reserved on: 29.05.2023

Judgment Passed on: 05.07.2023

                  

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)

 

 

Order By: Sh. Ravi Kumar (Member)

           

JUDGEMENT

 

The Complainant has alleged deficiency in service on the part of OP in not handing over the possession of the Flat booked by him nor refunding the amount paid by him to the OP. 

1. It is stated in the complaint that OP offered Complainant booking of the Flat/Unit in their project Mahagun Mascot+ (Plus) Crossing Republic, NH-24 through Jeevan Vihar Sahakari Awas Samiti Ltd. The Complainant booked a flat in the said project the cost of which was quoted as Rs.21,00,000/- and wihtout car parking the cost was Rs.19,00,000/-.
2. The Complainant paid by way of cash Rs.4,00,000/- on 27.11.2010 to the OP who issued Receipt no.253 for the same.  However later Complainant wrote letter dated 4.8.2011 to OP expressing his inability to purchase the Flat and sought refund but no refund was given. As per Circular no.02/2012 dated 27.03.2012 OP had assured to hand over the possession of the Flat latest by June 2014. However there was no progress on the Flat construction, the Complainant wrote letters 4.8.2016, 19.08.2016 & 23.09.2016 seeking refund of the amount he had paid to the OP but there was no response. 
3. Finding no other option, the Complainant filed the present complaint and has made following prayers:

• OP be directed to refund Rs.4,00,000/- with the 18% interest to the Complainant.
• OP be directed to pay a sum of Rs.50,000/- to the Complainant as compensation or harassment mental agony and pain. 
• OP be directed to pay a sum of Rs.25,000/- to the Complainant as cost of litigation. 

4. Notice was issued to the OP however the same could not be served and the Complainant served the notice Dasti on OP which was refused by OP and to this effect Complainant filed his affidavit and this Forum on 08.01.2020 ordered that the OP is deemed to have been served and OP was proceeded ex-parte.
5. The Complainant has filed ex-parte evidence wherein following documents are marked as exhibits:

• Receipt No.253 dated 27.11.2010 of OP for the amount of Rs.4,00,000/-  as exhibit - CW1/A.
• Circular No.2/2012 of OP as exhibit - CW 1/1.
• Membership receipt No.2059 dated 20.06.2014 for Rs.5000/- of Jan Kalyan aivam Gramodhyog Sewa Sansthan as exhibit - CW 1/B.
• Copy of Aadhar Card of the Complainant as exhibit - CW 1/C.

6. This Commission has heard the arguments of the Complainant and perused the records.  OP is running ex-parte. 
7. The case of the Complainant is that he was lured by the OP for booking a Flat in his Project – Mahagun Mascot+ (Plus) Crossing Republic, NH-24 and he made payment of Rs.4,00,000/- on 27.11.2010 by way of cash for which receipt no.253 (Exhibit-CW1/A) was issued by OP.  As per the Circular No.02/2012 (Exhibit-CW 1/1) signed by the Secretary and President of the OP Society, the cost of the Flat was shown as Rs.21,51,000/- and the Project was to be completed phase-wise and possession was to be given by June, 2014.  The Complainant made the above payment and he observed that there is no development at the site of the Project nor was there any further demand to make balance payment from OP and he demanded refund of the amount vide his letter dated 04.08.2016, 19.09.2016 and 23.09.2016 i.e. after two years when the Project was to be completed by OP. There was no response from the OP nor did it refund the amount.
8. Hon’ble NCDRC in the case Anil Kumar Jain vs Nexgen Infracon (P) Ltd 2019 OnLine NCDRC 716 held that ‘If the Builder fails to comply with the contractual obligation and at the same time, is unable to show that the delay in completion of Flat and offering its possession to the Consumer is on account of circumstances beyond his control, this would constitute deficiency on the part Builder/Service Provider in rendering services to the Consumer’.
9. OP is otherwise running ex-parte and the Complainant has filed evidence which goes un-rebutted. From the facts of the case it is apparent that from the beginning there was no intention of OP to construct the Flat and to hand over possession to the Complainant and OP had taken huge amount from the Complainant and failed to deliver the Flat to the Complainant. The same amounts to deficiency in service on the part of the OP and the Commission orders as follows:

• OP shall pay Rs.4,00,000/- to the Complainant with interest @7% p.a. with effect from 27.11.2010 within 30 days of date of the Order.
• OP shall pay Rs.25,000/- towards mental agony and pain to the Complainant.
• OP shall pay Rs.10,000/- towards legal expenses to the Complainant.

This Order shall be complied by OP within 30 days from the date of the Order failing which OP shall pay interest @ 9% on all the above amounts till the date of 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 05.07.2023.