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.320/2011
- MRS. SUNITA BUDHWAR
W/O SH. R.S. BUDHWAR
- MR. ARJUN BUDHWAR
S/O SH. R.S. BUDHWAR
R/O 153 HOPE APARTMENTS,
SECTOR-15, PART-II,
GURGAON, HARYANA
…………. COMPLAINANT S
VS.
- M/S M-TECH DEVELOPERS PVT. LTD.,
ANS HOUSE, 144/2, ASHRAM, MATHURA ROAD,
NEW DELHI-110014
- DALAL REAL ESTATE PVT. LTD.,
NOW CALLED K.S. D. LAND TRADE PVT. LTD.,
SCO-35, SHOPPING CENTRE,
SECTOR-15, PART-II, GURGAON
………….. RESPONDENTS
Date of Order:22.05.2015
O R D E R
A.S. Yadav – President
Complainants have booked a Villa measuring 1250 sq. ft. in the project of OP-1 titled as Camellia Garden-1 at Bhiwadi, Rajasthan through OP-2 who is an authorized dealer of OP-1 and paid a sum of Rs.3,75,000 vide cheque dated 01.9.2006 and was issued a payment receipt dated 28.9.2006.
The case of the complainants is that it was assured by OP-1 that the allotment in the upcoming scheme shall be made within 7 months of the payment of registration money.
Complainants made various visits to the office of the OPs to find out the progress of the project but OP utterly failed to start the project. It is alleged that OPs have utilized the registration money collected from innocent people like complainant by duping them for their personal gain and by adopting false and fabricated advertisements to lure the innocent persons in their trap. OPs have failed miserably and have not tendered any service to the complainant except receiving the amount and not refunding the amount which they have retained illegally by playing fraud and that amounts to deficiency in service. Since project was not started by the OP, complainant sought refund of amount. The same was not returned despite legal notice 07.4.2011. Complainants have prayed for refund of Rs.3.75,000/- alongwith 24% interest p.a. from the date of deposit and also Rs.4 lakhs towards compensation and and Rs.1 lakh towards mental harassment.
OPs in WS denied that the allotment of said flat was to be handed over within 7 months form the date of booking. There was no deficiency in service on the part of OP rather complainants have failed to perform their part of contract. Complainants have booked the aforesaid villa under installment payment plan and the complainants have not paid any installment after the registration money. It is denied that there was no progress on the project. It is further submitted that the complainants have not submitted any surrender application and thus they cannot seek refund of the payment.
We have heard Ld. Counsels of parties and perused the record carefully. It is not in dispute that the complainant booked a villa in the aforesaid project and paid Rs.3,75,000/- as registration money. Complainants have categorically stated that there was no progress in the project and in fact the OP have not started the project at all. The onus was on the OP-1 to prove the fact that the project was under progress. OP-1 has not placed any document on record to show that ever any letter was written to the complainants regarding payment of instalment and apprising the complainants about the progress of the project. It is proved on record that before filing of the complaint, complainants have served a legal notice on the OPs and despite service of legal notice the amount was not refunded. Since allegations made in the legal notice have not been rebutted by OPs, the same are deemed to have been admitted . Complainants have proved that there was deficiency in service on the part of OP-1.
It is submitted by OPs that the amount was deposited on 28.9.06 whereas the present complaint has been filed on 01.8.11, the same is time barred by limitation. We do not find any force in the statement of OP. OP-1 has not sent any letter to complainants to hand over the possession of villa in question. In fact OP-1 has failed to prove that there was any progress in the project. Registration money was not returned even after legal notice. The complaint is within time.
The complainant is entitled for Rs.3,75,000/- alongwith 9% interest p.a. from the date of payment of registration money i.e. 28.9.2006. Complainant is also entitled for compensation of Rs.20,000/- and Rs.5,000/- for litigation expenses.
Let the order be complied 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.
(EHTESHAM-UL-HAQ) (A.S. YADAV)
MEMBER PRESIDENT
