CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO. CC/611/13

                                                                                  Date of Institution:-       28.11.2013

                                                                                Order reserved on:-       25.04.2023

                                                                                Date of Decision:-          19.05.2023

IN THE MATTER OF:

Mamraj Bishnoi

S/o Sh. Ladhu Ram Bishnoi

H. No. – 481, Sector-47,

Gurgaon (HR)                                                                 ......Complainant

VERSUS

1. Dreamland Promoters

F-132, Jai Vihar, Phase-1,

Near Airforce Depot, Nangloi Road,

Najafgarh, New Delhi – 110043

Also at:

3-A, 3^rd Floor, Uppal’s M-6 Plaza

Jasola District Centre

New Delhi-110025  

211 to 213, IInd Floor,

Krishna Apra Plaza

Sector-18, Noida-201301                                   .…..Opposite party

O R D E R

Per R. C. Yadav, Member

1. The brief facts of the case are that the complainant has booked 150 sq. yard plot in Royal Heritage village Bhiwadi, Rajasthan and has paid Rs.1,50,000/- vide receipt no.5421 dated 05.05.2008 to OP which is annexed as Annexure C-1. The complainant has filed the registration form and the same was executed in Delhi. The registration form clause provided for refund @10% p.a., in case the complainant is not a   possession to offer/allot plot within 12 months. The complainant has visited the site in May, 2008, and came to know that no such development has been started. The complainant informed OP regarding no development but OP has assured again that development will be started soon and issued a letter dated 13.05.2018 to complainant, which is annexed as Annexure-C-2. Bhoomi Pujan of the land was in March, 2009, which the letter regarding Bhoomi Pujan is annexed as Annexure-C-3. In view of no further progress, complainant has requested OP to refund his deposited money, but OP has no refunded the deposited money. The complainant came to know that FIR No.56/09, Police Station Sarita Vihar was registered against OP. The complainant has prayed in his complaint to refund Rs.3,00,000/- with Rs.50,000/- and compensation and Rs.21,000/- for litigation expenses. The complainant has deposited to OP Rs.1,50,000/- vide receipt no. 5421 dated 05.05.2008 but one Sh. Abbe Ram also deposted Rs.1,50,000/- vide receipt no.1566 dated 10.10.2006 , which is not the party to this case. It is respectfully claimed that first the OP failed to handover the possession of the said plot and thereafter had not reflected the entire amount.

2. Notice was issued on the OP and it entered appearance and filed its written statement taking several preliminary objections including the litigation of the complaint. But OP did not deny the fact of receipt of aforesaid amount Rs.1,50,000/- against the booking of aforesaid plot. In response to the written statement, the complainant has filed his rejoinder reiterating the allegations made in the complaint and denying the allegations levelled in the written statement by the OP. Both the parties filed their evidence.

3. We have gone through the entire record carefully and thoroughly.

4. It is the case of the complaint that the complainant has booked 150 sq. yard plot in Royal Heritage village Bhiwadi, Rajasthan and has paid Rs.1,50,000/- vide receipt no.5421 dated 05.05.2008 to OP which is annexed as Annexure C-1. The complainant has filed the registration form and the same was executed in Delhi. The registration form clause provided for refund @10% p.a., in case the complainant is not a possession to offer/allot plot within 12 months. The complainant has visited the site in May, 2008, and came to know that no such development has been started. The complainant informed OP regarding no development but OP has assured again that development will be started soon and issued a letter dated 13.05.2018 to complainant, which is annexed as Annexure-C-2. Bhoomi Pujan of the land was in March, 2009, which the letter regarding Bhoomi Pujan is annexed as Annexure-C-3. In view of no further progress, complainant has requested OP to refund his deposited money, but OP has no refunded the deposited money. The complainant came to know that FIR No.56/09, Police Station Sarita Vihar was registered against OP. The complainant has prayed in his complaint to refund Rs.3,00,000/- with Rs.50,000/- and compensation and Rs.21,000/- for litigation expenses. The complainant has deposited to OP Rs.1,50,000/- vide receipt no. 5421 dated 05.05.2008 but one Sh. Abbe Ram also deposited Rs.1,50,000/- vide receipt no.1566 dated 10.10.2006 , which is not the party to this case. It is respectfully claimed that first the OP failed to handover the possession of the said plot and thereafter had not reflected the entire amount. However these reasons are not relevant to the issue and the OP was under obligation to handover the residential plot on payment of the booked amount and in case it was not possible then it should have refunded the amount as claimed by the complainant. Non delivery of the possession of plot on receipt of booked amount within the reasonable time amounts to deficiency-in-service and unfair trade practice. Arifur Rehman Khan v/s DLF Southern Home Pvt. Ltd. (2020) 16 SCC 512 is an authority on this point. We are satisfied that act on the part of the OP constitutes deficiency-in-service and also unfair trade practice.

5. Accordingly, we allow the complaint and direct the OP to refund Rs.1,50,000/- with interest @6% p.a. from the date of booking and Rs.80,000/- lump sum for mental agony and litigation charges within 45 days of the receipt of this order, failing which entire amount shall become  payable with interest @9% till realisation.

• Copy of this Order be given/sent to the parties as per rules.

The file be consigned to record room thereafter.