Delhi

New Delhi

CC/212/2016

Shashi Bala - Complainant(s)

Versus

M/s AJS Builders Pvt Ltd. - Opp.Party(s)

18 Feb 2020

ORDER

 

 

                                           CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC.212/2016                                Dated:

In the matter of:

Mrs. Shashi Bala,

383, NFL Township,

Panipat, Haryana.

....COMPLAINANT

 

 

VERSUS

M/s AJS Builders Pvt. Ltd.,

8, Shaheed Bhagat Singh Marg,

Gole Market, 1^st Floor,

New Delhi-110001.

 

Also through

Mrs. Madhu Singh(in custody)

Tihar Jail, Janakpuri,

New Delhi.

           

....OPPOSITE PARTY

NIPUR CHANDNA- MEMBER

 

O R D E R

 

 

The complainant has filed the present complaint against the O.P. under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant booked a Plot  of 300 sq.yds  in the  project at AJS TOWNSHIP, GANNAUR, SONEPAT, HARYANA  to  be  allotted  by  the  OP.  The complainant paid a sum of

Rs. 2,56,500/-, the same was duly acknowledged by OP vide its receipt  no.2375 dated 25/02/2006.  The OP never confirmed allotment of the above plot within six to eight months of booking flats against payment as is mandatory in the local by laws. The complainant approached continuously OP and the Commercial executives have been giving false promises. From the February, 2006 onwards till  date, the OP had been enjoying the hard-earned money of innocent people likes complainant. On the contrary, the  OP is demanding interest from the complainant  under the threat  of cancellation. At this moment, the offices of OP in Delhi are closed. The complainant sent a letter dt.20.11.2008 to the OP for refund of the money alongwith 24% interest but till date nothing has been done by the OP, hence this complaint.

 

2.     Notice of the complaint was sent to the OP, Counsel for OP along with Ms. Madhu Singh, Director  appeared and copy of complaint was handed over to her. Despite several opportunities OP failed to file its written statement. On 16.3.2017, Director of OP appeared but failed  to submit its  written statement, hence, it was ordered to be proceeded with ex-parte.

3.     Complainant has filed her evidence by way of affidavit wherein she has corroborated the contents of its complaint.

 

4.     We have heard argument advance at the Bar and have perused the record.

 

5. Complainant has placed on record the copy of receipts issued by OP, copy of letter dt. 18.1.2008 for request of refund of registration amount and copy of letter dt.29.4.2010 for surrender of registration of plot in question, in support of her case.

 

6.     From the un-rebutted testimony of the complaint and documents placed on record, we are convinced that the story put forth by the complainant is true. 

 

7.     Bare perusal of receipt dated 25/02/2006 proves that the complainant had deposited a sum of Rs.2,56,500/- with the OP long back in the year 2006. Non-refunding the sum of  Rs.2,56,500/- to the complainant by OP amounts to deficiency in services.

 

8.     We, therefore, hold the OP guilty of deficiency in service and direct it as under:

i).  Pay to the complainant a sum of Rs.2,56,500/- along with interest @  9% p.a. from the date of institution of this complaint i.e.  30.03.2016  till payment.

 

ii)   Pay to the complainant a sum of Rs.15,000/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.

 

 

The order shall be complied 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. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on18/02/2020.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

 

 

 

(NIPUR CHANDNA)

MEMBER