Delhi

North East

CC/242/2015

Ajay Sharma - Complainant(s)

Versus

M/s Arun Dev Builders - Opp.Party(s)

03 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 242/15

 

In the matter of:

 

	Sh. Ajay Sharma S/o Sh. S.C. Sharma R/o 14-D, Netaji Subash Marg, Chhajpura, Shahdara, Delhi-110032.	Complainant
	Versus
	Arun Dev Builders Limited Corporate Office : F-89/11, Okhla, Phase-I New Delhi-110020. (Through its Managing Director)   Also At: Arun Dev Builders Ltd F-1211,Chitranjan-Park,                                                        New Delhi-110019.	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :

13.07.2015 02.04.2018 03.04.2018

 

 

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

 

 

 

 

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. The case of the complainant is that he had applied for the project ‘Arun Dev City – Roorkee, Haridwar on NH-58’ with OP in the month of September 2006 and had booked a residential plot measuring 200 sq.ft at basic price of Rs. 3119/- per sq.yards for which the complainant had paid registration / booking amount of Rs. 1,00,000/- vide cheque No. 499428 dated 30.09.2006 drawn on Canara bank, New Delhi to the OP duly acknowledge by the OP vide receipt                   No. 7057 dated 30.09.2006. The complainant further paid two installments each of Rs. 1,20,000/- on 03.11.2006 vide first installment receipt No. 11313 dated 30.11.2006 vide cheque                    No. 427983 drawn on Canara Bank Delhi and second installment receipt No. 11204 dated 02.04.2007 vide cheque No. 427993. The complainant lastly paid a sum of Rs. 12,764/- on 01.05.2007 to OP through cheque No. 427996 drawn on Canara Bank towards the purchase price of the said plot. Therefore by May 2007 the complainant had paid a total amount of Rs. 3,52,764/- to the OP against the total amount of plot fixed at Rs. 6,38,200/- towards the sale consideration of the said residential plot.  The same was confirmed by the OP vide letter dated 25.05.2009 to the complainant whereby the OP had promised to give possession of the said plot to the complainant by end of June 2009. The complainant further stated that the OP allotted plot No. B-242 to the complainant vide allotment letter dated 15.04.2007. However the complainant had stated that the OP vide letter dated June 2009 to the complainant apologized for delay in the project and vide letter dated 21.08.2009 to the complainant proposed to start the ‘Title Deed’ procedure. However since the project was getting delayed and the complainant’s saw possession nowhere insight, coupled with the fact that the complainant’s wife namely Sangeeta Sharma was suffering from cancer and was undergoing expensive treatment for which he was in urgent need of money, the complainant, vide letter dated 03.08.2014 to the OP, asked for cancellation of his booking registration No. 7057 and refund of his deposited sum of Rs. 3,52,764/-. However the OP failed to act on such request for which the complainant was constrained to issue a legal demand notice dated 26.05.2016 demanding refund of the above mentioned deposit amount from the OP but to no avail. Lastly the complainant was left with no records but to file consumer complaint before this Forum, praying for directions to the OP to refund a sum of Rs. 3,52,764/- to the complainant alongwith interest @ 18% compounded per annum. The complainant also prayed for directions to OP to pay a sum of Rs. 1,50,000/- as compensation on account of unfair trade practice, deficiency of service for harassment, mental agony, torture, loss and injury to the complainant and also prayed for directions to the OP to pay a sum of Rs. 25,000/- as cost of litigation.  
2. Notice was issued to the OP where OP entered appearance on 25.08.2015 and filed written statement on 23.09.2015 disputing the admissibility of complaint under Consumer Protection Act and on grounds of limitation and territorial jurisdiction. However the OP acknowledged the payments made by the complainant till November 2006. Thereafter, the OP stopped appearing in the proceedings before this Forum after December 2015 and did not file its evidence or written arguments and was proceeded against Ex-parte vide order dated 21.09.2016.
3. Evidence by way of affidavit and written arguments were filed on behalf of the complainant reiterating his grievance. The complainant has exhibited the application for registration for allotment, payment proof receipts, statement of accounts, Canara Bank passbook, correspondence with OP and legal notice is support of his claim of recovery towards payment of Rs. 3,52,764/- paid by him to the OP towards booking amount and first and second installments with respect to the said plot.
4. We have heard the arguments addressed by the complainant and perused the material documentary evidence placed on record.

It is not in dispute that the complainant had paid a sum of Rs. 3,52,764/- in four tranches of Rs. 1,00,000/- (Registration/ Booking amount), Rs. 1,20,000/- towards first installment, Rs. 1,20,000/- towards second installment and Rs. 12,764/- towards the part payment of sale consideration of the residential plot to the OP which payment was acknowledge by the OP vide letter dated 25.05.2009 and not denied in its written statement. However, the OP has failed to place on record any documentary proof or justification for not refunding / returning the said amount to the complainant despite letter and legal notice by the complainant duly served upon the OP asking for refund which to our opinion is an unfair trade practice on the part of OP in not returning the legitimate dues of the complainant despite being under monetary and contractual liability to do so since the OP had failed to complete / deliver the project within the promised time period for possession and registry thereof to the complainant.

5. We therefore find merit in the case of the complainant and allow the present complaint against the OP and direct the OP to refund                    Rs. 3,52,764/- alongwith simple interest @ 9% p.a. from the date of filing of the complaint till realization. We also direct the OP to pay a sum of Rs. 25,000/- as compensation to the complainant on account of unfair trade practice, deficiency of service for harassment, mental agony, torture, loss and injury and Rs. 5,000/- towards cost of litigation to the complainant payable by OP.

Let the order be complied within 30 days from the date of receipt of this order.

6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 03.04.2018

 

(N.K. Sharma)     President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member