CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.156/2017
- MR. ATUL RANJAN
S/o. LATE SH. B.P. SRIVASTAV,
R/o. B-41, SECTOR-50, NOIDA,
UTTAR PRADESH-201301.
- MRS. JYOTI SRIVASTAV,
W/o. MR. ATUL RANJAN,
R/o. B-41, SECTOR-50, NOIDA,
UTTAR PRADESH-201301.…..COMPLAINANTS
Vs.
M/S. ARUN DEV BUILDER LTD.
THROUGH IT’S MANAGING DIRECTOR
CORPORATE OFFICE AT:
F-1211, CHITRANJAN PARK,
NEW DELHI-110019.
REGISTERED OFFICE AT:
612, HOLY CHOWK DEVLI,
NEW DELHI-110062..…..RESPONDENT
Date of Institution-25.04.2017
Date of Order- 28.02.2023
O R D E R
RAJ KUMAR CHAUHAN-PRESIDENT
The complaint pertains to deficiency in service with respect to non-delivery of Flat/ Unit.
It is alleged that OP launched one of its project namely Arun Dev City, Haridwar at Haridwar, Roorkie Road, District Haridwar and another project namely Arun Dev City at Shahpura, Rajasthan in year 2006-2007. Various advertisements in this regard were published for the public at large.
Lured by these lucrative advertisements and false promises, the complainant No. 1 had booked a plot/ unit with OP admeasuring 200 sq. yards in the project, Arun Dev City-Haridwar. The complainant No. 1 deposited Rs. 2,20,000/- towards the booking of a plot/unit in 2006.
The complainant No. 2, wife of complainant No. 1, had booked 2 plots/units with OP admeasuring 100 sq. yards each in the project, Arun Dev City, Shahpura, Rajasthan. The complainant No. 2 deposited Rs. 3,00,000/- towards the booking of plots/ units in 2007.
The complainants were assured that the construction and development will start after getting all necessary Government sanctions. It is contended that the possession/ handing over of the said plot/unit was to be made within 3 years. OP failed to obtain any sanction from the authorities but started demanding more money from the complainants.
The possession was not handed over despite repeated requests and hence the complainant stopped paying installments and raised the demand for refund. A legal notice dated 10.01.2017 demanding return of payment with interest was sent by complainant to OP. The complainant alleging negligence and hardships prays for refund of Rs. 5,20,000/- with interest @18% p.a. , Rs. 5,00,000/- for damages and harassment.
Notice was served on OP. None appeared for OP. OP was proceeded Ex-parte vide order dated 29.3.2019.
The complainants have supported their contentions with evidence by way of affidavit of Mr. Atul Ranjan and has exhibited the following documents:-
- Copy of application for provisional registration is exhibited as Ex. CW1/1( Colly).
- Copy of the allotment letter is exhibited as Ex. CW1/2 (Colly).
- Copy of the statement of payment receipts made by complainant No. 1 to Arun Dev City is exhibited as Ex. CW1/3 and Exhibit CW1/4.
- Copy of the statement of payment receipts made by complainant No. 2 to Arun Dev City is exhibited as Ex. CW1/5, Exhibit CW1/6, Exhibit CW1/7 and Exhibit CW1/8.
- Copy of the letter showing the delay is exhibited as Ex. CW1/9.
- Copy of the said legal notice along with postal receipts are exhibited as Ex. CW1/10(Colly).
The Commission has given thoughtful consideration to pleadings and documents placed on record. The application for provisional registration in future project shows that a booking has been made by complainant No. 1 on 25.9.2006 in Arun Dev City, Haridwar. The said applications also promised that the allotment will be made within 24 months from the registration. Complainant No. 2 has applied for provisional registration in Future Township Project in Rajasthan on 14.12.2006.
Allotment letter dated 15.04.2007 shows that a flat bearing No. B-623, admeasuring 200 sq. yards was allotted to the complainant No. 1 in Arun Dev City, Roorkie, Haridwar. Receipts for Rs.1,00,000/- and Rs.1,20,000/- dated 25.9.2006 and 30.11.2006 respectively has been annexed. It is clear that Rs.2,20,000/- has been paid by complainant No. 1 towards booking and allotment of plot in Arun Dev City- Haridwar.
Receipt in favour of complainant No.2 for Rs.50,000/- dated 21.6.2007 vide registration No. 13533, receipt for Rs.50,000/- dated 21.6.2007 vide registration No. 13534, receipt for Rs.1,00,000/- dated 20.12 2006 vide registration No. 633, receipt for Rs.1,00,000/- dated 5.1.2007 vide registration No. 1367 has been annexed with the complaint. It is clear that Rs.3,00,000/- has been paid by complainant No. 2 towards booking and allotment of plot in Arun Dev City, Shahpura, Rajasthan.
OP vide an undated letter to complainant No.1 apologized for delay in starting the construction work. OP vide letter dated 10.4.2009 stated that the construction work is in progress and they would be given possession by the end of May, 2009. OP vide letter dated June, 2009, stated that construction work had started. OP vide letter dated 21.8.2009 stated that construction work is under progress. OP vide letter dated 8.1.2010 demanded payment to complete the registration process.
OP sent similar letter to complainant No.2 demanding payment of further installments.
The complainant has sent a legal notice dated 10.1.2017 stating that the requisite permission and sanctions from the authorities for starting construction has not been obtained by OP. The legal notice further stated that an FIR No. 171/2011 has been lodged with Economic Offence Wing against OP.
It is clear from the receipts that an amount of Rs.5,20,000/- was received by OP from the complainants for possession/delivery of plots/units.
The complainant has categorically stated that he has not received the possession of the said plots/units. In the absence of any denial or rebuttal by OP, the Complainant’s stand regarding deficiency in service stands proved.
Hence, we find OP guilty of deficiency in service in not giving the possession of flat and the OP is directed to refund of Rs. 5,20,000/- with interest @9% p.a. from date of payment till its realization along with Rs. 40,000/- as compensation for mental harassment and Rs. 5,000/- towards litigation expenses.
This order be complied with within 30 days from the date of uploading of order failing which it will carry an interest of @12% p.a. from the date of order to till payment.
File be consigned to record room.
