Haryana

Sonipat

95A/2014

1. T.C. ALAKH S/O DIWAN DULL CHAND,2. SUMEET S/O T.C. ALAKH - Complainant(s)

Versus

MR. NITIN ARORA - Opp.Party(s)

S.C.JAIN

25 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

 

                             Complaint No.95A of 2014

                             Instituted on:09.04.2014

                             Date of order:25.02.2016

 

TC Alakh son of Diwan Duli Chand 2. Sumeet son of TC Alakh son of Diwan Duli Chand, r/o H.No.98, Sector 15, Sonepat.

 

                                      ...Complainant.

                      Versus

 

Nitin Arora Shri Rakesh Arora, Lavanya, Tech. Build (Pvt) Ltd. C-UG-1(Upper Ground Floor) Malibu Shopping Arcade Malibu Town, Sector 47, Sohna road, Gurgaon-122003.

2.Nitin Arora son of Rakesh Arora, 21-A Jyoti Appt. Sector 14 Extension, Rohini, Delhi.

                                      ...Respondent.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. SC Jain Adv. for complainant.

           Respondent ex-parte.

         

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

        D.V.RATHI, MEMBER.

 

O R D E R

 

         Complainant has filed the present complaint against the respondent alleging therein that for the construction of some portion i.e. 508 Sq. feet at B-1444C HUDA, Sector road, Sushant City, Sonepat, an agreement dated 29.12.2011 was entered into between the complainant no.1 and respondent for Rs.13,01,680/-. The total payment was made to the tune of Rs.12,12,776/- and even 25% payment was also not with held by the complainant.  As per clause 2 of the agreement, it was agreed upon by the respondent that the construction of the house as mentioned therein will be completed within four months or the construction will be completed on or before expiry of four months from the date of execution of the agreement i.e. by April, 2012 in accordance with the plans, specification duly approved by the Distt.Town Planner.  As the work was not completed inspite of payment of huge amount, a notice was issued to the respondent.  As the construction work was not completed in spite of receipt of the total agreed price, that amounts to a grave deficiency in service on the part of the respondent. So, they have come to this Forum and has filed the present complaint.

2.       Notice was issued to the respondent, but as per the report, the respondent has refused to accept the summons and due to this, none has appeared on behalf of the respondent on 22.09.2015  and thus, the respondent was proceeded against ex-parte vide order of even date.

3.       We have heard the ex-parte arguments advanced by the ld. Counsel for the complainant and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.       Ld. Counsel for the complainant has submitted that for the construction of some portion i.e. 508 Sq. feet at B-1444C HUDA, Sector road, Sushant City, Sonepat, an agreement dated 29.12.2011 was entered into between the complainant no.1 and respondent for Rs.13,01,680/-. The total payment was made to the tune of Rs.12,12,776/- and even 25% payment was also not with held by the complainant.  As per clause 2 of the agreement, it was agreed upon by the respondent that the construction of the house as mentioned therein will be completed within four months or the construction will be completed on or before expiry of four months from the date of execution of the agreement i.e. by April, 2012 in accordance with the plans, specification duly approved by the Distt.Town Planner.  As the work was not completed inspite of payment of huge amount, a notice was issued to the respondent.  As the construction work was not completed in spite of receipt of the total agreed price, that amounts to a grave deficiency in service on the part of the respondent.

         We find force in the contentions raised by the ld. Counsel for the complainant since the respondent has chosen to proceed himself ex-parte and in this way, to some extent the respondent has admitted the contents of the complaint, but he has not come to rebut the same.  Thus, we have no other option except to accept the present complaint and thus, we hereby direct the respondent to make the payment of Rs.619425/- (Rs.six lacs nineteen thousand four hundred twenty five) to the complainant within a period of 45 days, failing which, the above said amount shall fetch interest at the rate of 09% per annum from the date of passing of this order till its realization.

         With these observations, findings and directions, the present complaint stands allowed ex-parte.

         Certified copy of this order be provided to the complainant and the same be also sent to the respondent for information and its strict compliance.

File be consigned to the record-room.

 

 

(Prabha Wati Member) (DV Rathi Member)     (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF Sonepat         DCDRF, Sonepat.

 

Announced: 25.02.2016