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.48/2017
RAMPAT, S/O SH. BALBIR SINGH,
R/O. VPO SIDRAWALI,
DISTRICT GURGAON …..COMPLAINANT
Vs.
M/S ARUN DEV BUILDERS LIMTED
F-1211, CHITRANJAN PARK,
NEW DELHI- 110019
THROUGH ITS M.D./
AUTHORIZED SIGNATORY .…..RESPONDENT
Date of Institution-03.02.2017
Date of Order- 28.02.2023
O R D E R
RITU GARODIA-MEMBER
The complaint pertains to deficiency in service with respect to non delivery of Flat.
The complainant has booked a flat with OP who was developing a project in Shahpura, Rajashtan. It is stated that OP is engaged in the business of real estate. The complainant deposited Rs. 1,33,000/- in the form of regular installment as mentioned in the schedule provided by the OP in allotment letter
It is contended that the complainant personally visited the office of the OP multiple times. He found out that OP has not even purchased the land of the project. No construction has started. Hence the complainant stopped paying installments an raised the demand for refund. A legal notice demanding return of his payment with interest was sent by complainant to OP. The complainant alleging gross negligence and hardships prays for either allocation for possession of the flat, refund of Rs.1,33,000/- with @18% interest p.a., Rs.2,00,000/- for metal harassment and Rs. 55,000/- towards legal cost.
Notice was served on OP but none appeared. Right to file written statement by OP was closed vide order dated 27.04.2017.
The complainant has supported her contention with evidence by way of affidavit and has exhibited the following documents:-
- Copy of allotment letter is exhibited as Ex. CW1/1.
- Copy of payment receipt is exhibited as Ex. CW1/2.
- Copy of the statement of account is exhibited as Ex. CW1/3.
- Copy of the legal notice along with postal receipt is exhibited as Ex. CW1/4 and CW1/5.
The Commission has given thoughtful consideration to pleadings and documents placed on record. Allotment letter dated 27.6.2010 shows that a flat admeasuring 460 sq. feet was booked in the name of the complainant. The statement of account reveals that first payment of Rs. 25,000/- was received on 27.3.2007 and second payment of Rs.22,000/- was received on 21.4.2007. Thereafter, monthly installment of Rs. 2,000/- till August 2007 was received by OP. The total amount received was Rs.1,33,000/-. The complainant has filed original receipts regarding payments made to OP.
The complainant has categorically stated that he has not received the possession of the flat. 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 is directed to refund of Rs. 1,33,000/- with interest @9% p.a. from 08.04.2013 i.e. the date of legal notice till realization along with Rs. 20,000/- as compensation for mental harassment and Rs. 5,000/- towards litigation expenses.
File be consigned to record room.
