DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 577/2014
D.No.__________________________ Dated: _______________
IN THE MATTER OF:
MANMOHAN KRISHNA TRIPATHI,
S/o SH. AKHILESHWAR TRIPATHI,
R/o A-2370, 2nd FLOOR, FRONT SIDE,
GREEN FIELD COLONY, FARIDABAD. … COMPLAINANT
Versus
1. SH. MANOJ BHARDWAJ (M.D.),
M/s ARUN DEV BUILDERS LTD.,
F-1211, C.R. PARK, NEW DELHI-110019.
2. ARUN DEV BUILDERS LTD.,
THROUGH ITS CEO/MANAGER,
F-89/11, OKHLA INDL. AREA,
PH-I, NEW DELHI-110020.
ALSO AT: M2K, RANI BAGH,
SHAKUR BASTI, DELHI. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 08.05.2014
Date of decision: 22.08.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OPunder section 12& 14 of the Consumer Protection Act, 1986 thereby
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alleging that the complainant received a call in the month of January-2007 from OP for availing own residential property and on 01.02.2017, an authorized agent of OP approached the complainant at his premises in Gurgaon (Gurugram) and explained various residential projects which OP’s company is authorized of dealing and on the repetitive assurance of timely delivery and good quality construction the complainant invested his hard earned money under EWS Scheme for its own house in Divine City i.e. Mandawar project at Uttarakhand State. On the same day i.e. 01.02.2007, OP sent an authorized agent to collect the cheque from the premises of the complainant and he again assured for timely possession and quality product construction and only after such assurance the complainant issued cross cheque bearing no. 727051 dated 19.01.2007 drawn on ICICI Bank in favour of Arun Dev Builders Ltd. against booking of Unit Size of 460 sq. ft. @ Rs.1,091/- sq. ft. to the tune of Rs.25,000/-. Thereafter, the complainant received a receipt no. 3835 under registration no. 30460 on 17.02.2007 at his premises from the agent of OP and at the time of booking/registration, the complainant was explained that the total basic price of the unit measuring 460 sq. ft. @ Rs.1,091/- sq. ft. would be Rs.5,01,860/- and it was further explained by the agent of OP that upon the payment of Registration fees of Rs.25,000/- at the time of booking/registration, the complainant can enjoy the
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payment of balance amount by monthly installments of Rs.2,000/- each. The complainant further alleged that the complainant gave ECS authorization towards the cost of residential unit to OP to deduct Rs.2,000/- through cheques and ECS clearing from the saving account of the complainant bearing no. 01070100011724 of Bank of Baroda, Gurgaon (Gurugram), hence OP from March-2007 to March-2008 received Rs.22,000/- from the account of the complainant and the complainant paid a total amount of Rs.47,000/- to OP towards the residential unit. The complainant further alleged that the complainant regularly approached for the status of the project at Mandawar, Uttarakhand and in reply OP assured about the growth of the said project but never revealed the fact that the land for which OP received the amount and the complainant kept on requesting to OP regarding the land and growth of the project but no satisfactory answer and all the efforts in vain. The complainant further alleged that the complainant sent a legal notice dated 01.10.2013 to OP but no reply till date and further he has made complaint in Economic Offence Wing on 25.08.2013 hence the act of OP is clearly unfair trade practice and deficiency in service.
2. On these allegations the complainant has filed the complaint praying for direction to OP to pay the amount of Rs.1,41,000/-
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towards refund of amount, interest @ 18 %, damages and cost of the notice as well as cost of this complaint.
3. Earlier, OPs have been contesting the complaint and have filed written statement wherein OPs submitted that the complaint is not maintainable and is liable to be dismissed as this Forum has no jurisdiction and the complaint is devoid of merits and dispute raised is of civil nature. However, OPs have not disputed the factum of booking of residential unit by the complainant in the project to be developed by OPs and receiving of amount of Rs.47,000/- from the complainant.
4. The complainant filed rejoinder and denied the contentions of OP.
5. In order to provehis case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant placed on record documents i.e. copy of receipt no. 3858 dated 17.02.2007 of Rs.25,000/- through cheque no. 598936 dated 01.02.2007 drawn on Bank of Baroda, Gurgaon issued by OP, copy of payment’s detail of Rs.47,000/- including Rs.25,000/- as registration amount and Rs.22,000/- p.m. by means of 11 cheques of Rs.2,000/- each, copy of passbook statement of account of the complainant issued by Bank of Baroda, copy of legal notice dated 01.10.2013 sent by the complainant through his Counsel to OP by speed post and copy of complaint dated 25.08.2013 sent by the complainant to Dy.
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Commissioner of Police, Economic Offence Wing, New Delhi alongwith copy of acknowledgement.
6. However, subsequently OPs failed to appear and have been proceeded ex-parte vide order dated 14.03.2018.
7. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. It appears that as OPs have failed to lead any evidence andit seems that OPs have no defence at all. Accordingly, boththe OPsare held guilty of unfair trade practice and deficiency in service.
8.Accordingly, both the OPsjointly or severally are directed as under:
i) To refund to the complainant an amount of Rs.47,000/-being the payment made by the complainant alongwith interest @ 9% p.a. from the date of deposit till the date of this order.
ii) To pay to the complainant an amount of Rs.15,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.6,000/- towards cost of litigation.
9. The above amount shall be paid by both the OPsjointly or severally to the complainant within 30 days from the date of receiving copy of this order failing whichOPs shall be liable to pay interest on the
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entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OPs fail to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 22ndday of August, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY:-SATYENDRA JEET
