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.235/14

In the matter of:

N.K. Sharma, President:-

Nishat Ahmad Alvi, Member:-

1. Present complaint has been filed alleging that the complainant booked a shop for personal use in a project namely Landmark the Mall launched by OP in 2008. The complainant, in different installments, paid Rs. 18,95,000/- to the OP in pursuance of demand raised by OP. On complainant’s request, to the OP, time and again, to execute builder buyer agreement and a query as to the development of the project OP kept stating that some clearances are awaited and construction work would start very soon and only thereafter the builder buyer agreement shall be executed. But in 2013 OP launched another project Walkway 66 at the same site. Therefore, vide E-mail dated 17-12-13 complainant has demanded the refund. But even after regular follow-ups OP did not refund the deposited amount against the project. Notice dated 22-4-14 sent to OP, by the complainant, was also not responded to. It is also stated that an FIR No. 187 has been lodged on 5-5-14 against OP under Section 420/406 IPC on the ground of change of project. Pleading harassment, mental agony and default on the part of OP. Complainant has prayed for refund of deposited amount of Rs. 18,95,500/- with interest thereon in addition to Rs. 50,000/- and Rs. 33,000/- against compensation for harassment and litigation expenses respectively.
2. Notice on OP was duly served at its Delhi address on 26-11-14 but nobody appeared on its behalf on 17-12-14, 23-1-15. Vide order dated 23-1-15 OP was proceeded against Ex-parte. Complainant has filed Ex-parte evidence by way of affidavit alongwith relevant documents.
3. Final arguments were heard and record perused.
4. Annexure C1 is an application on printed Performa of the OP itself for booking the shop alongwith cheque No.466628 dated 28-12-07 for Rs. 1,00,000/-.
5. Clause D of this Performa states that the company shall allot the shop within 36 months. Otherwise applicant had a right to get his refund. This refund shall be made within 30 days of request for refund. The refund shall be with 12% p.a. interest on deposited amount. Annexure C2 are the receipts of the amounts paid by the complainant to OP. Annexure C3 is the request for refund thereby stating that since OP had decided not to construct the proposed mall the deposited amount be refunded with interest. Annexure C4 is a notice issued to OP alongwith courier receipts whereby complainant asked for refund of deposited amount of Rs. 18,95,000/- within one month with 18% interest p.a. besides Rs. 22,000/- for legal notice fee and Rs. 5,00,000/- for loss of opportunity and Rs. 1,00,000/- on account of damages mental etc. Annexure C is an FIR lodged against the OP complaining that at the site of the project in question OP has constructed another project namely Walkway 66. All this documents support the contentions of the complainant while OP has not controverted the allegations made in the complaint inspite of service of the complaint on it. Consequently, all the allegations of the complainant are deemed to be proved.
6. Therefore, we hold OP guilty of deficiency in service and adopting unfair trade practice and direct it to refund entire deposited amount in a sum of Rs 18,95,000/- alongwith interest thereon @ 12% p.a. from the respective dates of deposit. We also award compensation of Rs. 50,000/- for harassment and Rs. 11,000/- as litigation cost.
7. Order shall be complied within 30 days from the date of receipt of copy of this order.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. File be consigned to record room.

Announced on: - 20-10-2015      

            (N.K.Sharma)                                              (Nishat Ahmad Alvi)            

              President                                                                Member