Delhi

New Delhi

CC/186/2013

Col. Amjad Zulfikar - Complainant(s)

Versus

M /S. Sturdia Developrs Pvt Ltd. - Opp.Party(s)

18 Feb 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

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

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/186/13                                    Dated:

In the matter of:

Lt. Col. Amjad Zulfikar,

S/o Late Mr. Aslam Zulfikar,

Office at:

Deputy Controller,

Controllerate of Quality Assurance (Small Arms),

PO: Ichapur-Nawabganj, West Bengal-743144

……..COMPLAINANT

       

VERSUS

  1. Sturdia Developers (P) Ltd., through its M.D

        Corporate Office:

        606, kailash Building,

        K.G Marg, C.P, New Delhi-110001

 

  1. Citurgia Bio-Chemical Ltd., through its M.D

        Regd: Office:

        Veer Bhadra Road,

        Ram Nagar, Rishikesh, Uttarakhand

                                        ……. OPPOSITE PARTIES

ORDER

President: C.K Chaturvedi

The Complainant had booked in 2009 a 2BHK 1045 sq. ft. with OP project called “Ganga Regency” Phase-I, at Rishikesh with a booking amount Rs.4,20,000/- as per annexure “A” & C2 but the said land was given to OP1 during May 2011 for development and converting into industrial complex as per disclosures in the High Court of Uttarakhand (U.P) in a PIL, where Hon’be High Court passed certain orders, against OP, against which appeal is pending in Apex Court. Consequently complaint was filed for refund of money & notice was served to OPs but OP proceeded exparte on 02.07.13.

The facts of industrial land being offered to public for residential project, clearly shows cheating as well as impossibility of contract, making it void contract. The OP has thus openly attracted public to deposit in the name of residential project, to get unjustly enriched. The complainant on coming to know of these facts felt cheated as such a project would never come up and sought refund of money and cancelled the booking. OP did not respond and therefore this complaint of deficiency is filed.

OP did not respond and was proceeded exparte. We have considered the exparte evidence and finding it a case of cheating and impossibility contract, impose punitive damage of Rs.5 lakhs on OP to be deposited in Delhi State Consumer Welfare Fund out of which Rs.2 lakhs will be paid to the complainant and also direct OP to return Rs.4,20,000/- with interest of 18% from date of deposit till payment and also award a compensation of Rs.30,000/- as litigation expenses.

  The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25/27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 18.02.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER

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