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.114/2017
SHRI R.K. BASSI
S/O SHRI V.K. BASSI,
R/O A-1/42, PANCHSHEEL ENCLAVE,
NEW DELHI- 110017 …..COMPLAINANT
Vs.
- M/S ARUN DEV BUILDERS LTD
REGD. OFFICE:-
612, DEVLI VILLAGE
NEAR HOLY CHOWK
SOUTH DELHI, NEW DELHI – 110062
THROUGH ITS MANG. DIRECTOR/
ALSO AT:-
M/S ARUN DEV BUILDERS LTD
F-1211, CHITRANJAN PARK
NEW DELHI- 110019
THROUGH ITS MANG. DIRECTOR/
ALSO AT:-
M/S ARUN DEV BUILDERS LTD
F- 1186, CHITRANJAN PARK
NEW DELHI 110019
THROUGH ITS MANG. DIRECTOR/
- SHRI MANOJ BHARDWAJ, DIRECTOR
M/S ARUN DEV BUILDERS LTD
B-8 RAJU PARK,
NEW DELHI-110062
- SHRI JAGDISH CHAND, DIRECTOR
M/S ARUN DEV BUILDERS LTD
37 HAUZ RANI, MALVIYA NAGAR
NEW DELHI. …..RESPONDENTS
Date of Institution-14.03.2017
Date of Order- 09.01.2023
O R D E R
RITU GARODIA- MEMBER
The complaint pertains to deficiency on the part of OP in non-delivery of a plot.
Brief facts as stated in the complaint are that OP’s representative approached the complainant to apprise him about new project namely Dev City, Bhiwadi. Lured by their representations the complainant booked a plot bearing No. A-35 vide registration No. 67458, admeasuring 200 sq. yards @ Rs.3501/- per sq. yard on 22.10.2008. He paid Rs.1,10,000/- towards the booking amount. On 30.1.2008, he paid a sum of Rs. 1,00,000/- towards further payment. A receipt for Rs.2, 10,000/- was issued by OP on 30.10.2008. The complainant further, paid a sum of Rs. 1, 25,000/- on 9.2.2010. A receipt was issued by OP for the same.
The complainant then asked OP about a tentative date for handing over the possession of the plot, drawings of the project, LOI, NOC from pollution department and irrigation department and sale deed. He was informed that all these information will be provided after further payment of Rs. 1,75,000/-. Accordingly, the complainant paid a sum of Rs. 1,75,000/- for which a receipt dated 9.3.2010 was issued. Thus, a total sum of Rs. 5, 10,000/- was paid by the complainant to OP.
Thereafter, the complainant repeatedly approached OP with a request to hand over the possession along with execution of sale deed. It is alleged that OP had even failed to furnish the status report. Complainant received a letter dated 7.10.2014 from OP assuring that the possession will be handed over in January 2014. However, no plot has been handed over till date. On 5.2.2015 the complainant requested OP to cancel the booking and refund the amount deposited along with interest but no refund has been made till date. OP sent another letter dated 20.03.2015 promising that the plot will be available in June 2015. Thereafter, complainant had no communication with OP and possession has not been handed over till date. Complainant sent a legal notice dated 8.2.2017 which was returned with postal remark ‘Left’. The complainant prays for refunds of Rs. 5,10,000/- with interest @24% p.a., compensation of Rs. 2,00,000/- and litigation expenses of Rs. 31,000/-.
Notice was issued to OP but none appeared. OP was proceeded Ex-parte vide order dated 18.5.2017.
Complainant has filed evidence by way of affidavit and exhibited the following documents:-
- Copy of application for provisional registration is exhibited as Ex. CW1/1.
- Copy of OP’s letter is exhibited as Ex. CW1/2.
- Copy of receipt dated 3.10.2008 is exhibited as Ex. CW1/3.
- Copy of receipt dated 9.2.2010 is exhibited as Ex. CW1/4.
- Copy of allotment letter dated 9.2.2010 is exhibited as Ex. CW1/5.
- Copy of receipt dated 9.3.2010 is exhibited as Ex. CW1/6.
- Copy of OP’s letter dated 7.10.2014 is exhibited as Ex. CW1/7.
- Copy of OP’s letter dated 20.3.2015 is exhibited as Ex. CW1/8.
- Copy of legal notice is exhibited as Ex. CW1/9.
- Copies of postal receipts and status Report is exhibited as Ex. CW1/10.
None appeared to assist the Commission at the time of arguments. Therefore, the Commission decided to proceed with this matter as per law with materials on record.
The commission has given thoughtful consideration to material on record. The application for provisional registration and allotment letter shows that a plot bearing registration No. 67458, Plot no. A-35 admeasuring 200 sq. yards was allotted in Dev City, Bhiwadi, in the name of complainant. An undated letter by OP also shows that a 200 sq. yards unit bearing registration No. 67458 has been booked @ Rs. 3501/- per sq. yard after receiving registration amount of Rs. 2,20,000/-. The receipts dated 20.10.2008 for Rs. 2,20,000/-, receipt dated 9.2.2010 for Rs. 1,25,000/- and receipt dated 9.3.2010 for Rs. 1,75,000/- issued by OP in the name of complainant has also been placed on record. Thus, it is clear that an amount of Rs. 5,10,000/- has been received by OP from complainant on behalf of allotment of 200 sq. yards plot bearing No. A-35.
The complainant has sent several letters dated 29.8.2014, 17.3.2015, 2.4.2015, 14.7.2015, 4.6.2015 requesting them for the status of the project and photograph of the site. On the other hand OP had sent letter dated 7.10.2014 and 20.3.2015 apologizing for the delay and promising possession first in January, 2014 and then in June, 2015. No possession has been given till date. In the absence of any denial or rebuttal by OP, the complainant’s stands regarding deficiency in service stands proved. .
Hence, we find OP guilty of deficiency in service in not handing over the possession of the plot in question and direct it to pay an amount of Rs. 5,10,000/- with 9% interest p.a. from 8.2.2017 i.e. the date of legal notice till realization, Rs. 30,000/- as compensation for mental harassment and Rs. 10,000/- towards litigation charges.
This order be complied with within 30 days from the date of receipt of the order. Copy of the order be supplied/ sent to the parties free of cost as per rules.
File be consigned to record room.
(Dr. RAJENDER DHAR) (RITU GARODIA) (RAJ KUMAR CHAUHAN)
MEMBER MEMBER PRESIDENT
