Delhi

North East

CC/195/2021

Mr. Deepak Tomar - Complainant(s)

Versus

Ms Krishna Infrahomes Pvt. Ltd. - Opp.Party(s)

20 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

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

 

Complaint Case No.195/21                                   

In the matter of:

 

	Sh. Deepak Tomar S/o Sh. Jagbir Singh R/o 1/7570, St. No. 9, East Gorakh Park, Shahdara, Delhi-110032	Complainant
	Versus
	M/s Krishna Infrahomes Pvt. Ltd. Through its Managing Director Registered Office at:- 85, Radhey Shyam Park New Delhi-110051	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

16.12.21 02.04.24 20.05.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

ORDER

 

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant was enticed by Opposite Party to book flat in its new Housing Project namely “Aprameya Enclave” at NH 58, Raj Nagar Extension, Ghaziabad, UP and Complainant booked a 2BHK Flat, bearing Flat no. 911, Block C, 9^th Floor in the said project with the super areas of 915 sq. ft. @ Rs. 2,067/- per sq. ft. by making a initial payment of Rs. 1,89,113/- vide cheque bearing no. 182869 dated 18.02.13. Thereafter, accepting the Complainant application and conforming the allotment of the said flat a demand letter dated 19.03.13 was issued by Opposite Party raising a demand of an amount of Rs. 70,556.65/- after applicable discount which amount was duly paid by the Complainant in advance vide cheque no. 182870 dated 18.03.13. Then Opposite Party issued a demand letter dated 02.09.14 demanding further payment of an amount of Rs. 3,01,200/-. It is stated that in the application form also that the next payment was due only when the construction of project starts and it becomes bankable, therefore, the demanded amount of Rs. 3,01,200/- was paid by the Complainant under protest letter dated 09.09.14 vide cheque no. 355844 dated 09.09.14 drawn on ICICI bank ltd., with a further request for execution of Builder Buyer Agreement. After repeated requests and visits to Opposite Party, Opposite Party issued Builder Buyer Agreement dated 31.01.15 to Complainant. The Complainant had also made various visits of constructions site of said project where no substantial construction activities were found to be commenced. The Complainant vide email dated 28.04.17 requested to surrender his flat and asked for refund of amount deposited by Complainant. The Complainant also gave reminder through email dated 25.05.17 and also through letter dated 02.06.17 but all in vain.  The Complainant had also made various visits to office of Opposite Party but they kept on assuring Complainant for commencement of project soon and asked Complainant to wait for at least 40 (+ 6) months. The Complainant had also sent legal notice to Opposite Party dated 02.11.20 to refund his amount but all in vain. Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed to pay Rs. 5,60,870/- along with interest @ 24 % p.a. from the date of first payment made to the Complainant till realisation and        Rs. 2,50,000/- towards damages/deficiency in service. The Complainant has also prayed for Rs. 2,50,000/- for mental harassment and Rs. 55,000/- for litigation expenses.
2. None has appeared on behalf of the Opposite Party despite service of notice to contest the case. Therefore, Opposite Party was proceeded against ex-parte vide order dated 13.05.22.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed.  The Opposite Party is directed to pay the deposited amount of Complainant of Rs. 5,60,870/- with interest @ 9 % p.a. from the date of filing the complaint till recovery to the Complainant. The Opposite Party is further directed to pay Rs. 50,000/- on account of mental harassment and Rs. 10,000/- on account of litigation expenses to the Complainant with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 20.05.24.

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

File be consigned to Record Room.

 

(Anil Kumar Bamba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)