CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.302/2012

SH. VIVEK HIREMATH,

GP 47, SECTOR 18,

GURGAON-122015

                                                            …………. COMPLAINANT                                                                                            

                                                Vs.

M/S ARUN DEV BUILDERS LTD.,

F-1211, C.R. PARK,

NEW DELHI-110019

                                                …………..RESPONDENT

Date of Order: 09.6.2015

O R D E R

A.S. Yadav – President

The case of the complainant is that he booked a flat in the project of OP at Bhiwadi and initially paid Rs.60,000/- and thereafter paid Rs.20,000/- vide cheque dated 16.4.2008 and Rs.70,000/- vide cheque dated 29.7.2008 and in all he paid sum of Rs.1,50,000/-.  On 21.4.2010, the complainant requested OP to refund the aforesaid amount and OP vide letter dated 01.5.12 has agreed to refund the amount to complainant by way of instalments as detailed in the letter.  Despite that the amount was not refunded.  Hence this complaint is filed by the complainant and he has prayed that OP be directed to refund the sum of Rs.1,50,000/- alongwith 18% interest from 21.4.201 and also to pay Rs.75,000/- for mental harassment and Rs.50,000/- for Litigation charges. 

OP filed reply to the complaint wherein he has stated that the complainant be put to strict proof regarding the payment of amount as no receipt has ever been issued to complainant.

We have heard Ld. counsels for parties and carefully perused the record.

At the outset, we may point out that a very strange reply has been filed by OP wherein OP took the plea that the complainant be put to strict proof regarding payment amount of Rs.1,50,000/- as no receipt was issued by OP to complainant and to same effect an affidavit has been filed by Sh. Manoj Bhardwaj, Managing Director of OP.

It is significant to note that in the complaint, the complainant specifically stated that OP agreed to return amount of Rs.1,50,000/- by way of instalment as detailed in the letter dated 01.5.2012.  Nothing has been stated in the written statement about this letter dated 01.5.2012 meaning thereby that OP has admitted that they have written a letter dated 01.5.2012 about the receipt of Rs.1,50,000/- and have agreed to return the said amount by way of instalment.  It is proved on record that OP failed to refund the amount.  This is a clear cut case of deficiency in service on the part of OP.

OP is directed to pay the complainant a sum of Rs.1,50,000/- alongwith 9% interest p.a. from 21.4.2010 plus Rs.20,000/- as compensation and Rs.5,000/- towards litigation expenses.  Let the order be complied within one month of the receipt thereof.  The complaint stands disposed of accordingly.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

    (EHTESHAM-UL-HAQ)                                                             (A.S. YADAV)

            MEMBER                                                                              PRESIDENT