CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO. CC/575/2016

Date of Institution:-20.12.2016

Order reserved on:11.04.2023

Date of Decision:-12.04.2023

IN THE MATTER OF:

Santosh Kain

W/o Late Sh. Sudhakar kain

R/o F-170B/2, Anmol Apartment,

Dilshad Colony, Delhi                                                                  ......Complainant

VERSUS

Arun Dev Builders Limited

Through its Director                                                         

F-1211, C.R. Park,

New Delhi

Also at:

D-153 A Okhla Phase-1,

Near Honda Servicing Centre

New Delhi – 110019                                                                 .…..Opposite party

O R D E R

Per R. C. Yadav, Member

1. The brief facts of the case are like this, in 2016 complainant has booked a plot measuring 189 sq. yards in “Dev City” Bhiwadi (Rajasthan) with the OP and paid Rs.3,41,250/- on 24.07.2010 and 02.07.2010 respectively. Complainant was allotted plot no. COR-159 vide registration no. 65063AS. The complainant paid a sum of Rs.3,41,250/- in different installments. On payment of the aforesaid amount, the complainant made several visits to the office of the OP for the possession of the plot, but the OP kept delaying the matter on one pretext or the other. The possession of the plot was not delivered to the complainant. It is alleged that OP has neither handed over the possession of the plot nor refunded the amount paid by the complainant and this act of OP amount to deficiency-in-service, monopolistic and unfair trade practice. Hence, the complainant seeking refund of amount Rs.3,41,250/- with interest @18% p.a. from the date of deposit the amount and prayed Rs.1,00,000/- for mental harassment and litigation charges.

2. OP was served who did not enter appearance and was proceeded ex-parte vide order dated 04.01.2017.

3. Complainant has filed his ex-parte evidence in support of his case.

4. We have carefully and thoroughly gone through the material on record.

5. The case of the complainant is that he has booked a plot measuring 189 sq. yds. in “Dev City” Bhiwadi (Rajasthan) with the OP and paid Rs.3,41,250/- to the OP on different occasions. However, when the complainant asked for the possession of the plot, the OP kept delaying the matter on one pretext or the other. The possession of the plot was not delivered to the complainant. The case of the complainant is supported by documents like allotment letter and payment receipts. The case of the complainant does not suffer for any factual or legal defects.The allegation made by the complainant have gone unchallenged uncontested and unrebutted. It is clear that despite receipt of Rs.3,41,250/- from the complainant, the OP neither handed over the possession of the plot nor refunded the amount to the complainant and this act apparently and clearly constitutes deficiency in service on part of the OP.

6. Accordingly, we allow the complaint and direct the OP to refund Rs.3,41,250/- to the complainant with interest @6% p.a. from the date 12.07.2010 till realization and also pay Rs.1,00,000/- as lump sum for mental agony and litigation charges within the 45 days from the date of filing of the complaint. Failing which OP shall be liable to pay the entire amount with interest @9% p.a. till realization.

• Order be given dasti to both parties.
• The file be consigned to record room thereafter.