Haryana

Sonipat

CC/248/2015

Soniya Batra Pillay W/o Biju Pillay - Complainant(s)

Versus

M/s A.J.S. Builders Pvt. LTd. - Opp.Party(s)

Ashish Garg

21 Sep 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

                                Complaint No.  248 of 2015                                           Instituted on: 29.07.2015

                                Date of order: 21.09.2015

 

Soniya Batra Pillay wife of Biju Pillay r/o 161, Avtaar Enclave, Paschim Vihar, New Delhi.

                                           ...Complainant.

                           Versus

1.AJS Builders Ltd., 8, Shaheed Bhagat Singh Marg, Gole Market, Ist Floor, New Delhi-110001.

2.Mrs. Madhu Singh, Managing Director/Director M/s AJS Builders Ltd., 8, Shaheed Bhagat Singh Marg, Gole Market, Ist Floor, New Delhi-110001.

3.Smt. Kailash Rani Director, M/s AJS Builders Ltd., 8, Shaheed Bhagat Singh Marg, Gole Market, Ist Floor, New Delhi-110001.

4.Geeta Singh, Director, M/s AJS Builders Ltd., 8, Shaheed Bhagat Singh Marg, Gole Market, Ist Floor, New Delhi-110001.

                                            ...Respondents.

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Ashish Garg Adv. for complainant.

           Respondents ex-parte.

BEFORE-    NAGENDER SINGH………………………………………………PRESIDENT.

          SMT.PRABHA WATI……………………………………………MEMBER.

          D.V.RATHI……………………………………………………………MEMBER.

O R D E R

            The complainant has filed the present complaint against the respondent alleging therein that she got booked a residential plot measuring 300 Sq. yards at the rate of Rs.5700/- per sq. yards in Ganaur Residential Township Project of the respondents and paid the booking amount of Rs.2,49,075/- to the respondents and after various efforts, the respondents issued the receipt bearing no.3434 dated 31.3.2006 to the complainant.  After the lapse of seven-eight years from the date of receiving the booking amount , the respondents have not taken any initiative steps to start their project.  The respondents have collected the booking amount alongwith first installment and EDC charges from the complainant by making false representation, assurance and promises.    The complainant several times requested the respondents to refund the deposited amount with interest, but of no use.  It is further submitted that in December, 2014, the complainant visited the office of the respondents and the office was found locked.  Further it came to the knowledge of the complainant that several civil as well as criminal cases including consumer complaints are pending in different court of law.  The complainant has also filed a complaint against the respondents in Economic Offence Wing, Mandir Marg, New Delhi.  The project of the respondents have completely failed and the respondents are responsible to compensate the complainant for the losses suffered by her due to negligence and deficient services rendered by the respondents.  So, the complainant has come to this Forum and has filed the present complaint against the respondents seeking relief to direct the respondents to refund the deposited amount alongwith interest and compensation.

2.       Publication was issued against the respondents which was published in newspaper namely Maha Medha dated 16.09.2015.  Ld. Counsel for the complainant has placed on record the copy of newspaper of Maha Medha dated 16.09.2015 vide which publication against the respondents has been effected.  But despite publication effected against the respondents, none has appeared on behalf of the respondent and due to this, on the basis of the publication, the respondents were proceeded against ex-parte vide order dated 18.09.2015.

3.        The complainant in evidence has tendered the affidavit Ex.CW1 and documents  Ex.CW1/B to Ex.CW1/D.

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

5.       Ld. Counsel for the complainant has submitted that the complainant got booked a residential plot measuring 300 Sq. yards at the rate of Rs.5700/- per sq. yards in Ganaur Residential Township Project of the respondents and paid the booking amount of Rs.2,49,075/- to the respondents and after various efforts, the respondents issued the receipt bearing no.3434 dated 31.3.2006 to the complainant.  After the lapse of seven-eight years from the date of receiving the booking amount , the respondents have not taken any initiative steps to start their project.  The respondents have collected the booking amount alongwith first installment and EDC charges from the complainant by making false representation, assurance and promises.    The complainant several times requested the respondents to refund the deposited amount with interest, but of no use.  It is further submitted that in December, 2014, the complainant visited the office of the respondents and the office was found locked.  Further it came to the knowledge of the complainant that several civil as well as criminal cases including consumer complaints are pending in different court of law.  The complainant has also filed a complaint against the respondents in Economic Offence Wing, Mandir Marg, New Delhi.  The project of the respondents have completely failed and the respondents are responsible to compensate the complainant for the losses suffered by her due to negligence and deficient services rendered by the respondents.

         He has further submitted that the respondents are utilizing the huge amount of the complainant without providing any services to the complainant and thus, the complainant is entitled to get the refund of deposited amount from the respondents with interest.

         He has further submitted that publication was effected against the respondents in the newspaper Maha Medha dated 16.09.2015, but despite this, none has appeared on behalf of the respondents.  Meaning thereby, the respondents have nothing to say in the matter of the complainant and that also amounts to admission of the pleadings of the complainant by the respondents.

         We find force in the contentions raised by the learned counsel for the complainant.  The pleadings of the complainant has gone unrebutted and unchallenged since despite publication published against the respondents in the newspaper in Maha Medha dated 16.09.2015 none has appeared on behalf of the respondents and thus, the respondents were proceeded against ex-parte vide order dated 18.09.2015.  In our view, the respondents have nothing to say in the matter of the complainant and that amounts to admission of the pleadings of the complainant by the respondents.   So, keeping in view the above mentioned circumstances, we have no other option except to accept the present complaint ex-parte and the complainant is definitely entitled to get the refund of deposited amount from the respondents with interest since the huge amount of the complainant is being utilized by the respondents for their personal gain without providing any services of any kind to the complainant. Thus, we hereby direct the respondents to refund the entire deposited amount to the complainant with interest at the rate of nine percent per annum from the date of its deposit till realization. Since the complainant has been able to prove the deficiency in service on the part of the respondents, we also hereby direct the respondents to pay compensation to the tune of Rs.five thousands for rendering deficient services, for causing mental agony, harassment and also to pay Rs.two thousands under the head of litigation expenses.

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

          Certified copy of this order be provided to ld. Counsel for the complainant free of cost and the same be also sent to the respondents for information and its strict compliance.

File be consigned to the record-room.

 

 

 

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

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced: 21.09.2015