Delhi

North East

RBT/CC/302/2022

Shri Narender Singh - Complainant(s)

Versus

M/s Jaipur Colonizers & Developers - Opp.Party(s)

26 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

RBT/Complaint Case No. 302/22

 

 

 

In the matter of:

 

 

	1.     2.	Sh. Narender Singh, S/o Sh. KunwarLalKohli,   Sh. KunwarLalKohli, S/o Lt. Sh. Kripa Ram,   Both R/o H.No. 302, Village Rally, Sector 12A, Panchkulan, Haryana		Complainants
		Versus
		M/s Jaipur Colonizers & Developers ( A Rajasthan Group) Unit No. 309, IIIrd Floor, Plot No. H 1, Garg Tower, NetajiSubhash Palace, Pitampura, Delhi-110034   Head Office at:- Office No. 404, Fourth Floor, Mile Stone, Gandhi Nagar Mode, Tank Road, Jaipur   Also at:- KLJ Tower, 7th Floor, Office No. 704, NetajiSubhash Palace Pitampura, Delhi-110034		Opposite Party
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		19.02.18 14.02.24 26.03.24

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

ORDER

Anil Kumar Bamba, Member

 

Case of the Complainant                                                                 

1. The case of the Complainant as revealed from the record is that Complainant booked/purchased a plot No.19, measuring 200 sq. yds. At Sariska Green at Rajasthan at the basic rate of Rs 799 per sq. yds.and a buyer seller agreement dated 03.10.12was executed in this regard between Opposite Party and Complainants. The Complainants stated that it has been agreed in the para No.6 of the said agreement that the Opposite Party shall hand over the possession of the plot in question to the Complainant with infrastructure after receiving full payment. The Complainant had paid full and final sale consideration and executed sale deed in his favour. Despite agreement Opposite Party failed to hand over the possession of plot to Complainant. Complainant had also sent legal notice to Opposite Party dated 23.09.16 but of no use. Hence, this shows deficiency in service on behalf of Opposite Party. The Complainants have prayed for a sum of Rs. 5,00,000/- for the losses suffered by the Complainants which includes Rs. 1,80,000/- paid by the Complainants to the Opposite Parties at different point of time which includes the interest.
2. The Opposite Party’s right to file written statement was closed vide order dated 30.01.19.

 

Evidence of the Complainants

3. The Complainant No.1 in support of his complaintfiled his affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party

4. Despite giving several opportunities Opposite Party failed to file its evidence. Therefore its right to file evidence was closed vide order dated 23.03.23

Arguments & Conclusion

5. We have heard theComplainant in person and Ld. Counsel for Opposite Party. We have also perused the file and the written arguments filed by the Complainant. The case of the Complainant is that he has purchased a plot from the Opposite Party and paid full and final sale consideration of Rs. 1,80,000/- to  the Opposite Party and Opposite Party executed sale deed in his favour. Despite the agreement Opposite Party failed to hand over the possession of the plot. Hence this shows deficiency in service on behalf of Opposite Party.
6. The Complainant himself submitted a letter dated 18.11.14 from the Opposite Party along with the complaint copy in which Opposite Party informed the Complainant about receiving full and final payment and authorized him to take possession and construction on the said plot. Secondly, since registry of the said plot is also done in the name of Complainants, consideration for the plot paid by him to Opposite Party is not refundable. Thirdly, Complainant failed to show that how he suffered losses of Rs. 5,00,000/-.
7. In view of the above discussion and in our considered opinion, the Complainant is failed to prove any deficiency in service on behalf of the Opposite Party. Therefore, the complaint is dismissed.
8. Order announced on 26.03.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)         Member

(Surinder Kumar Sharma) President