Case No.CC/272/2016

Date of Institution:-04.10.2016

Order Reserved on :-19.07.2024

           Date of Order :-12.08.2024

IN THE MATTER OF:

Ms. Madhu Sharma

D/o Sh. K. K. Sharma,

R/o 33/13, Old Rajender Nagar,

New Delhi.

          …..Complainant

VERSUS

M/s.ArunDev Builders

Through its CMD Mr. ManojBhardwaj,

F-98/11, Okhla Industrial Area, Phase-I,

New Delhi – 110020.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The present complaint has been filed under section 12 of Consumer Protection Act, 1986 (in short CP Act) against Opposite Parties (in short OP) alleging deficiency of service.
2. The brief facts of the case are that in 2008, the complainant has booked a plot measuring 100 sq. yd. in the Project of OP namely “Dev City Bhiwadi”, District Alwar, Rajasthan and paid Rs. 1,00,000/- by way of cheque dated 25.04.2008.  The OP issued a receipt dated 25.04.2008 and also allotted registration no. 65993. Receipt of the paid amount is annexed as Annexure-1.  The basic price of allotment was @ Rs.3191/- per sq. yd.  The complainant has to pay monthly installments of Rs.3000/- for 73 months. The complainant has to pay total consideration amount of Rs.3,19,000/- towards total selling price for the plot. The OP has assured the complainant that the work at the site was in full swing and there is no legal or factual and impediment for the OP to complete the work in time. The complainant has paid total amount of Rs.3,01,382/- (Rupees Three Lakh One Thousand Three Hundred Eighty Two) to the OP.  In August, 2009, the OP has issued an allotment letter for the plot bearing no. C-33 to the complainant. The complainant waited for physical possession of plot but in vain. OP has neither handed over the plot nor refunded his deposited money.  The complainant was shocked to see that there was no ground work on the project site.
3. The OP had booked the pot fraudulently without getting physical possession of land. The Complainant came to know that CMD Mr. ManojBhardwajof OP companywas arrested by Economic Offence Wing of Delhi Police for cheating and defrauding the gullible buyers of flats/plots.   The complainant has prayed for refund of Rs.3,80,812/- (included interest @ 9% p.a.) alongwith Rs.25,000/- towards litigation charges. 
4. Notice was served to OP but OP did not attend the proceedings before this Commission and OP was proceeded Ex-Parte vide order dated 22.08.2017. 
5. The complainant has filed Ex-parte evidence and written arguments in support of his case.
6. On 19.07.2024, the case was listed for arguments and none were present.  Since the case is 2016, we felt it prudent that the case should be decided due to the long pendency.  The complainant was given liberty to address the arguments within 07 working days.  Hence, the order was reserved.
7. We have carefully considered the material on record and thoroughly.
8. It is the case of the complainant that she had booked a plot measuring 100 sq. yd. in the Project of OP namely “Dev City Bhiwadi”, District Alwar, Rajasthan and paid Rs. 1,00,000/- by way of cheque dated 25.04.2008.  The OP issued a receipt dated 25.04.2008 and also allotted registration no. 65993. The basic price of allotment was @ Rs.3191/- per sq. yd.  The complainant has to pay monthly installments of Rs.3000/- for 73 months. The complainant has to pay total consideration amount of Rs.3,19,000/- towards total selling price for the plot.  The OP has assured the complainant that the work at the site was in full swing and there is no legal or factual and impediment for the OP to complete the work in time. The complainant has paid total amount of Rs.3,01,382/- (Rupees Three Lakh One Thousand Three Hundred Eighty Two) to the OP.  In August, 2009, the OP has issued an allotment letter for the plot bearing no. C-33 to the complainant. The complainant waited for physical possession of plot but in vain. OP has neither handed over the plot nor refunded his deposited money.  The complainant was shocked to see that there was no ground work on the project site. The OP had booked the pot fraudulently without getting physical possession of land. The Complainant came to know that CMD Mr. ManojBhardwaj of OP company was arrested by Economic Offence Wing of Delhi Police for cheating and defrauding the gullible buyers of flats/plots.
9. It is the case of the complainant that when she did not get the possession of the plot so sought the refund of the deposited amount, but the same has not been refunded by the OP despite repeated requests.  It is her case that this conduct of the OP amounts deficiency in service and unfair trade practice. Non-delivery of the possession of the plot on receipt of the booked amount within a reasonable time amounts to deficiency in service.

“ArifurRehman Khan Vs. DLF Southern Home Pvt. Ltd. (2020) 16 SCC 512”is the authority on this point.

10. The allegations made by the complainant have gone unchallenged, unrebutted and uncontested and as such whatever has been placed on record is believed.
11. From the facts of the case and evidence placed on the record, it is clear that on receipt of the deposit amount of Rs.3,01,382/- (Rupees Three Lakh One Thousand Three Hundred Eighty Two) from the complainant, the OP has 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, monopolistic and unfair trade practice on the part of the OP.
12. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.3,01,382/- (Rupees Three Lakh One Thousand Three Hundred Eighty Two) alonwth interest @ 6% p.a. from the date of deposited amount and Rs.1,00,000/- (Rupees One Lakh)as lumpsumfor mental harassment and litigation charges to the complainant within 45 days from the date of receipt of order failing which the OP shall be liable to pay the entire amount with interest @ 9% p.a. till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 12.08.2024.