DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.181/2019
Shri Neeraj Gupta
S/o Late Sh. Lachhi Ram
R/o Flat No. 65-B, L-Block,
DDA Flats, Saket, New Delhi- 110017 ….Complainant
Versus
M/s Ansal Hi-Tech Townships Ltd.
Regd. Office: Ansal Bhawan, 16,
Kasturba Gandhi Marg,
New Delhi- 110001
Greater Noida Office:
#56, UGF, Ansal Plaza,
Plot No.1/C, Institutional Area,
Near Pari Chowk,
Greater Noida, U.P.-201308 ….Opposite Party
Date of Institution : 25.06.2019
Date of Order : 01.02.2022
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Sh. U.K. Tyagi
The Complainant in the present complaint has claimed for the award of Rs.371308/- alongwith interest @24% p.a. from June 2011 till its realization.
The facts leading to the case are that the Complainant booked LIG Flat in “Bharosa” scheme of the M/s Ansal Hi-Tech Township Ltd. (hereinafter referred as OP) in Plot No. A-2, Sushant Megapolis, Dadri, U.P. at the cost of Rs.10,48,000/- vide Annexure A. The Complainant made the payment of Rs.1,66,173/- at different dates and receipts thereof given by OP are exhibited as CW-1/C(Colly). The OP kept issuing reminders and as a result of which, the Complainant made another payment of Rs.2,825/- vide cheque dated 29.05.2013. The OP vide its letter dated 03.08.2013 sent two sets of allotment for signature of Complainant and return the same. The same is shown as Ex.CW-1/E and CW-1/F respectively. The Complainant received reminder dated 06.01.2015, the basic price of the flat in question is shown as Rs.2,47,171/- against the receipt of Rs.1,66,173/- plus Rs.5,135/- Total Rs.1,71,308/- as such outstanding shown as Rs.83,501/-. The letter is shown as Ex. CW-1/G. Before he could made the outstanding dues, the Complainant got the Final cancellation letter dated 05.02.2015, can be seen as Ex. CW-1/4. The Complainant stated that many communications were made vide mail dated 30.09.2016, 03.03.2017, 04.03.2017, 23.04.2017 and 17.07.2017. The Complainant sent a letter dated 06.10.2017 asking the refund of his amount and which is shown as Ex. CW-1/J(Colly). Many letters and email were sent to this effect but were of no avail. It was also assured by the OP that complete the project would be completed within a period of 2½ years. It is evident from the conduct of the OP that the Complainant has been duped and also reflects his malafide intention and mis-appropriation of funds of the Complainant and all others like him who are dreaming for their house.
The Complainant has also filed evidence by way of affidavit, written submissions the OP is exparte vide order dated 05.11.2019. In such circumstances, this Commission is left with no option but to go alongwith the evidence by way of affidavit filed by the Complainant duly certified. Thus, the evidences advanced by the complainant acquired the position of incontrovertible. The complainant had deposited Rs.1,71,308/-. The various receipts for Rs.1,66,173/- and letters acknowledging receipt of the payment of the said amount go unchallenged. The Complainant states that he has deposited Rs.5,135/- in addition of above. This Commission has no reason to disbelieve the payment so made by the Complainant.
In nutshell, this Commission is of the considered view that the OP is found deficient in service and unfair trade practice so much so the OP did not bother to assist this Commission and further no reply or evidence in its defence was filed. Accordingly, the OP is directed to refund the amount of Rs.1,71,308/- with interest to be levied @6% p.a. from the date of institution of the complaint in this Commission and further pay a sum of Rs.25,000/- as compensation for the mental agony etc. and Rs.10,000/- as litigation charges within two months from issuing this order failing which interest @9% p.a. shall be levied till its realisation.
File be consigned to the record room after giving copy of the order to the parties. Order be uploaded on the website.
