CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.203/2017

MRS. SONIA GHAI

W/O SH. ANAND PRIYADARSHI

ITN EXPORTS, 16 DSIDC, SCHEME 1,

OKHLA INDUSTRIAL AREA, PHASE II,

NEW DELHI-110020

…………. COMPLAINANT                                                                             

Vs.

ARUN DEV BUILDERS LTD.

F-1211, CHITTARANJAN PARK,

NEW DELHI-110019

THROUGH ITS MANAGING DIRECTOR

                                  …………..RESPONDENT

                                 Date of Order:07.08.2018

O R D E R

A.S. Yadav - President

The case of the complainant is that she booked a flat measuring 350 sq. yds in “Dev City Bhiwadi” project of OP at Bhiwadi in the year 2008.  OP allotted flat No.D-76/9 to the complainant in August 2009.  The complainant had paid a sum of Rs.1,17,500/- to OP.  OP delayed in giving possession of the flat.  In the meantime the financial condition of the complainant became worse and accordingly, she sought cancellation of the flat and refund of the amount.  That application was duly received by OP on 06.11.2012.  Despite assurance, the amount was refunded. Terming the action of OP as deficiency in service, the present complaint has been filed whereby the complainant has sought refund of Rs.1,17,500/- with interest and also sought compensation and legal expenses.

OP was proceeded ex parte.

It is proved from unrebutted testimony of the complainant that she booked a flat in the project of OP in the year 2008.  There has been delay on the part of OP in starting the construction, as is evident from the letter dated 03.05.2011 of OP whereby OP has thanked the complainant for her cooperation and patience in their delayed project and assured that the possession will be given within 18-20 months.  E thereafter nothing was done and finally the complainant sought refund of the amount vide letter dated 06.11.2012 which was duly received and this letter was responded by OP vide letter dated 07.07.2015 whereby they assured to refund the amount in monthly installment of Rs.10,000/- but that was not done.  It is a clear cut case of deficiency in service on the part of OP.

OP is directed to refund a sum of Rs.1,17,500/- to the complainant alongwith interest @ 9% p.a. from 01.12.2012 as application for refund was duly receive don 06.11.2012.  OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation expenses.

Let the order be complied with within one month of the receipt thereof.  The complaint stands disposed of accordingly.

            Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

     (RITU GARODIA)                                               (H.C. SURI)                                       (A.S. YADAV)

        MEMBER                                                            MEMBER                             PRESIDENT