Delhi

North East

CC/243/2015

Sangeeta 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. 243/15

 

In the matter of:

 

	Smt. Sangeeta Sharma (Since Deceased) W/o Shri Ajay Sharma R/o C-518, Shivaji Gali, Chhajupur, Shahdara, Delhi-32 Through her Husband Shri Ajay Sharma.	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 she had applied for the project ‘Arun Dev City – Shahpura, Rajasthan with OP in the month of December 2006 and had booked a residential plot measuring 100 sq.ft at basic price of Rs. 1991/- per sq.yards through Megha Consultant who was sales organizer and registered broker of OP. The complainant on 17.12.2006 paid registration / booking amount of Rs. 50,000/- vide cheque No. 294533 dated drawn on HDFC bank, Delhi acknowledge by OP vide receipt No. 453. The complainant further paid first installment of Rs. 50,000/- on 28.03.2007 vide receipt No. 13655 vide cheque No. 294536 drawn on HDFC Bank, Delhi.  Therefore by March 2007 the complainant had paid a total amount of Rs. 1,00,000/- towards part payment of the sale consideration of the said plot.  The complainant further stated that the OP vide letter dated 01.04.2008 admitted to delay in allotment and assured the complainant of allotment in the ensuing month of May 2008. However the complainant had stated that no satisfactory response was coming forth from the OP as to when the possession of the unit No. of the plot would be given by the OP and therefore since the complainant was suffering from cancer and for which she was undergoing expensive treatment for which she was in urgent need of money, the complainant, through her husband vide letter dated 03.08.2014 to the OP, asked for cancellation of her booking registration No. 14242 and refund of her deposited sum of Rs.1,00,000 /- with interest. 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. 1,00,000/- to the complainant alongwith interest thereon. The complainant also prayed for directions to OP to pay a sum of Rs. 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 March 2007. However the OP stopped appearing after December 2015 and did not file its evidence or written arguments and was proceeded against Ex-parte vide order dated 11.02.2016.
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, correspondence with OP and legal notice with postal receipts in support of his claim of recovery towards payment of Rs. 1,00,000/- 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.1,00,000/- in two tranches of Rs. 50,000/- each (Registration/ Booking amount and first installment towards the part payment of sale consideration of the residential plot to the OP which payment was acknowledged by the OP vide receipt issued by it in favour of the complainant 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. 1,00,000/- alongwith 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. 10,000/- 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