ORDER
Per Nipur Chandna , Member
The complainant booked a plot bearing number A-1, having an area of
247.44 Sq Yds at Shri Kunj Vihar phase –I. Vrindavan, District
Mathura, UP. The complainant paid a sum of Rs 63,020/- through cheque
dated 04/3/2012 against the  to the OP against the  booking amount,
which was duly encashed by it. Again the complainant paid a further
sum of Rs. 1,00,000/- vide cheque no. 139641 dt. 15/3/2012 as a part
payment in respect of the aforesaid plot, which was also duly encashed
by the OP.   It is alleged by the complainant that in this way she had
paid in total 30 % of the sale value of the plot to the OP i.e. Rs.
5,44,000/-.  It is further alleged by the complainant that she had to
pay the rest of the amount after nine months from the date of booking
subject to the condition that the OP will develop the project with all
the facilities as agreed to vide agreement dated 15/5/2012.  It is
alleged by the complainant that when she asked the oP about the
development work at the project, the OP always gave her false
assurances that development work will start soon and that the plot
will be handed over to her on due time.
It is further alleged by the complainant that when in the month of
November 2012, her husband visited the site to see the development
work, he saw that no development work had been undertaken and the OP
had made changes in the project map without obtaining the permission
of the complainant.  It is further alleged by the complainant that
instead of making development on site, the OP had sent her a
cancellation letter dt. 27/9/2013 in which it had stated that as she
had not made any further for that payment her aforesaid booking stands
cancelled.  She had rushed to the office of OP to raise her objections
regarding cancellation but the OP threatened her with due
consequences. The complainant, therefore ,approached this forum for
redressal of her grievances.
The complaint has been contested by the OP. OP has filed a written
statement wherein it has denied any deficiency on its part. It was
stated  that due to non –payment of remaining due amount in time, it
had cancelled booking of plot vide cancellation letter dated
27/9/2013. The complainant has filed evidence by way of his affidavit.
The OP, however, has failed to file any affidavit on record to support
its contention as raised in its written statement.

We have heard the arguments advanced at the bar and have perused the record.
The complainant has placed on record the copy of the payment receipt
dated 22/3/2012 and 31/3/2012 i.e. Annexure C/2. The complainant has
also placed on record the copy of the “Agreement dt.15/05/2012 which
was duly signed by both the parties. She has also placed on record the
copy of cancellation letter issued by the OP, copy of reply sent by
the complainant against cancellation letter and the photographs of the
aforesaid project site taken on 2-10-2013.
The counsel for the complainant has pointed out that as per the
“agreement” dated 15/05/2012, the OP was liable to complete all the
development work within 9 months of the booking of the aforesaid plot,
but the OP had failed to do so and as such it is liable for deficiency
in service towards the complainant. There is nothing on record from
the side of the OP to rebut the aforesaid fact. There  is nothing on
record that the OP had carried out the development work as promised.
We are , therefore, convinced with the contention of  the counsel for
the complainant as the OP had not completed the development work in
time, it has violated the terms of contract and as such is liable for
deficiency in services. The photograph placed on record clearly shows
that eve after the lapse of more than 1 ½ year  of the booking.  The
OP had not taken any step to carry out development work.
The denial in delay on the part of the OP to honour their
responsibility amounts to deficiency in service.

We , therefore, hold OP guilty  of deficiency in service and direct it as under:
1. To refund a sum of Rs. 1,63,020/- to the complainant alongwith
interest @ 15% p.a. from the date of deposit till payment.
2. To pay to the complainant a sum of Rs. 10,000/- as cost of litigation.

The OP shall pay this amount within a period of 30 days from the date
of this order failing which they shall be liable to pay interest on
the entire awarded amount @ 10% per annum.  IF the OP fails to comply
with this order, the complainant may approach this Forum for execution
of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule.
    File be consigned to record room.
Announced in open sitting of the Forum on.....................