Delhi

New Delhi

CC/799/2015

Neha Yadav - Complainant(s)

Versus

M/S Ajs Builder Pvt Ltd - Opp.Party(s)

16 May 2017

ORDER

   CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

 

 Case No.C.C./799/2015                                                                                                                    Dated:

            In the matter of:

Mrs. Neha Yadav,

R/o 811, Saraswati Vihar,

Near Sahara Mall,

Chakarpur Road, Gurgaon (Haryana).

 

……..COMPLAINANT

 

VERSUS

 

1. M/s AJS Builders Pvt. Ltd.

(thorugh its Director-Mrs. Madhu Singh)

1^st Floor,8, Shaheed Bhagat Singh Marg,

Near Gole Market, New Delhi-110001.

 

2. Ms. Madhu Singh,

W/o Late Sh. Prabhjot Singh,

8, Shaheed Bhagat Singh Marg,

        Near Gole Market, New Delhi-110001.

 

 

3. Sh. Manu Kamboj,

1^st Floor, 8, Shaheed Bhagat Singh Marg,

        Near Gole Market, New Delhi-110001.

 

4. Sh. V.K. Saluja

     8, Shaheed Bhagat Singh Marg,

     Near Gole Market, New Delhi-110001.

 

5. Sh. Gurvinder Singh,

    8, Shaheed Bhagat Singh Marg,

    Near Gole Market, New Delhi-110001.

 

6. Sh. Sumit Malik (Genaral Manager)

 1^st Floor, 8, Shaheed Bhagat Singh Marg,

     Near Gole Market, New Delhi-110001

 

7. Sh. Arvind Singh (Marketing Head, AJS Builder Pvt. Ltd.)

 1^st Floor, 8, Shaheed Bhagat Singh MArg,

     Near Gole Market-110001.

 

  .... OPPOSITE PARTIES

 

 

 

MEMBER : H M VYAS

ORDER

       Complainant booked a flat admeasuring 1350 sq. ft. in “AJS Hill Apartment” of OP at Sector 62, Gurgaon paid a sum of Rs. 3,64,500/- to the OP by way of cheque bearing no. 359629 dated 04/04/2007 and the same was duly acknowledged by the OP. It is alleged by the complainant that in April 2008, he paid a sum of Rs. 3,64,500/- as demanded by OP and the same was also duly acknowledged by the OP.

       It is alleged by the complainant that he visited the site in the year 2009 and found that no construction activity has yet been started and as such he take up this matter with the officials of OP, who gave the assurance that the working on  sample flat is going to start within 15 days. It is alleged by the complainant that as per the agreement, the OP Builder have to refund the amount alongwith 9% interest if it fails to allot the residential flat within 12 months of the date of application. It is alleged by the complainant that he came to know from reliable sources that various FIR was registered against the OP and there is no possibility of starting of alleged project by OP.

It is alleged by the complaint that as per the registration form para No.5 the OP No.1 has undertaken to allot the residential flat in 12 month from the date of application, OP failed to allot the same till date. This act of OP amount to deficiency in service. Hence this complaint.

Copy of complaint supplied to Ms Madhu Singh Director of the JD Co.on 07.12.2016 despite several opportunities OP fails to file its WS. Hence it was ordered to be proceeded with ex-parte on 23.01.2017.

       Complainant filed his ex-parte evidence wherein he has corroborated the content of the complaint.

       Complainant has placed on record the copies of the cheques issued to the OP, original letter issued by UCO Bank mentioning the details of the payment made by the complainant to the OP, copy of the complaint made to the Economic Offence Wing in support of this case.

       From the unrebbuted testimony of the complainant & the perusal of the complaint along with its annexure makes it abundantly clear that the complainant had deposited a total sum of Rs. 7,29,000/- with the OP long back in the year 2007, but till date OP neither allotted the plot to the complainant nor had refunded the money. This act of O.P. amounts to deficiency in service.

We therefore hold OP guilty to deficiency in service and direct it as under:-

1. Refund to the complainant a sum of Rs. 7,29,000/- with 9% simple interest from the date of filing of complaint till payment.
2. Pay to the complainant sum of Rs. 15,000/- for physical pain and mental agony suffered by him.
3. Pay to the complainant sum of Rs. 10,000/- towards litigation cost.

The order shall be complied by the OP within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount of Rs. 25,000/-. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

Pronounced in open Forum on..............

 

(S K SARVARIA)

 PRESIDENT

 

 

 

(H M VYAS)                                    (NIPUR CHANDANA)

                                                                      MEMBER                                          MEMBER