| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION-VII DISTRICT: SOUTH-WEST GOVERNMENT OF N.C.T. OF DELHI FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 CASE NO. CC/293/16 Date of Institution: - 22.01.2016 Order Reserved on:- 28.04.2023 Date of Decision: - 04.05.2023 IN THE MATTER OF: Neelam Rani Flat No.723, Block 19 Cosmos Green Bhiwadi – 301019 ….. Complainant VERSUS M/s Klazina Consultants Limited Regd. Office at K-37C, Kailash Colony, New Delhi – 110048 Also at:- 204, Tower A, IRIS Tech Park, Sohna Road Sector 48, Gurgaon Haryana - 122001 ….. Opposite Party ORDER (Per Dr. Harshali Kaur, Member) - Briefly stated facts of the Complaint are that the Complainant booked a residential plot on 21.03.2013 in the project "Neemrana Gateway" at S-N-B, NH-8, Rajasthan, of the O.P. The Complainant paid Rs.76,500/- vide cheque No.840903 and having receipt no. 1678 dated 21.03.2013 in the said project of the O.P. bearing super area of unit 120 sq. yds. Annexures C-1 & 2 are copies of the booking form dated 09.02.2015 and the payment receipt, which the Complainant has annexed with her Complaint. The O.P. issued a provisional registration dated 21.03.2013 to the Complainant, which she has annexed as (Annexure C-3).
- The Complainant received a letter from the O.P. dated 11.06.2013 and was also provided with registration no. 0912-024. In the letter, the company promised to buy back the allotted unit in the project mentioned above with a 15% p.a. appreciation on her deposited money with the O.P. on a pro-rata basis after 24 months. The O.P. also assured the Complainant that the O.P. company was growing exponentially and her money was safe with them (Annexure C-4).
- The Complainant further made a payment of Rs.1,78,000/- via Cheque No.334048 dated 15.04.2013, Rs.12,750/- vide cheque no.334049 dated 30.05.2013. Annexure C-5 are copies of the receipts of the payments as mentioned above issued by the O.P. to the Complainant. The Complainant further alleges that she received a letter dated 07.05.2015 from the O.P. that they were changing the project's location (Annexure-C-6). Feeling unsure of the O.P.s intention, she decided to exit from the project by sending a letter to the O.P. dated 24.10.2015 (Annexure-C-8) requesting a refund of her paid amount with interest.
- The Complainant alleges that despite several follow-ups through emails and phone calls, the O.P. did not fulfil the promise to refund the amount paid to them for the plot in question. She has annexed the copies of the emails she exchanged with the O.P. as (Annexure C-7). The Complainant, therefore, filed the present Complaint before the District Forum, Sheikh Sarai. Alleging Deficiency in Service and Unfair Trade Practice U/S 12 of the Consumer Protection Act, 1986, she prayed for payback of the amount of Rs.2,67,750/- with interest @18%, Rs.2,00,000/- towards compensation for mental torture, pain and agony and Rs.20,000/- towards litigation charges.
- Notice was issued to the O.P. In their reply, the O.P., have simply denied the allegation made against them, stating that they had initiated the refund process, but the Complainant refused to comply with the process and caused hindrance and left the process of refund incomplete. Further, the O.P. stated that they had given the reply to the notice dated 22.12.2015 from Police Station, Sadar, Gurgaon, which is annexed with their reply as Annexure-A. The O.P. alleges that they continuously called the Complainant to take possession of the plot after sending her the letter of finalized location and commencement of the builder-buyer agreement. Still, the Complainant continued threatening the O.P. instead of taking possession of the allotted plot.
- Thereafter, the Complainant filed her Rejoinder and Affidavit to be read in evidence wherein she reiterated the averments she had made in her Complaint. The O.P. was given several opportunities to file the Affidavit in Evidence and prove their documents on record to corroborate the statements made in the reply. However, none appeared for the O.P. to do the needful, and the O.P. was, therefore, proceeded ex-parte vide order dated 16.01.2017. Once the pleadings were complete, the Complaint was relisted several times for Final Arguments for reasons recorded in the order sheets. None appeared today on the date fixed for final argument, and we felt it expedient to adjudicate this Complaint, considering the long pendency of the case.
- We have considered the unrebutted and uncontroverted averments of the Complainant as the O.P. is ex-parte. The Complainant paid the total amount of Rs.2,67,500/- for a residential plot in the O.P.'s project "Neemrana Gateway" at S-N-B, NH-8, Rajasthan. Dissatisfied with the progress of the development of her plot, the Complainant asked for a refund of her money with interest. Her grievance is that the O.P. did not refund the amount deposited with them despite repeated requests. The O.P., in their reply, blames the Complainant for not completing the process of refund and instead colluding with her friends to extract money from the O.P. Company.
- We feel that the claim of the O.P. that they had initiated the refund process is not substantiated by any cogent documentary evidence. The O.P. has chosen not to corroborate their averment as given in the reply or testify to the same on oath by filing the affidavit of the authorized person from the O.P. Company for reasons best known to him.
- In light of the Complainant's unrefuted testimony and based on the documents placed on record, we find that the O.P. is deficient in service. Therefore, allowing the present Complaint, we direct the O.P. to refund to the Complainant Rs.2,67,000/- along with interest @6% from the date of filing of the Complaint, i.e., 22.01.2016, till realization. The O.P. shall also pay a sum of Rs.10,000/- towards mental agony and harassment, which will include litigation costs.
- Copy of the order to be supplied to the parties free of cost.
- Order be complied with within 45 days of the receipt of the copy of the order.
- Thereafter, the file be consigned to the record room.
Order Pronounced on 04.05.2023. | |
