Haryana

Gurgaon

CC/296/2021

Rajiv Yadav - Complainant(s)

Versus

M/s Naman Shreegovindam Real Estate Pvt Ltd - Opp.Party(s)

In Person

03 Mar 2022

ORDER

 

 

DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION GURGAON-122001.

                                                                                                                                                 Consumer Complaint No.296 of 2021                                                                  

                                                                                                                                                Date of Institution: 09.04.2021                                                                           

                                                                                                                                               Date of Decision: 03.03.2022

Mr. Rajiv Yadav, residing at House No 991, Sector 10, Gurugram-122001, Haryana, Ph: 8929487813.

                                               

                                                                                                  ……Complainant

                                                Versus

 

M/s NamanShreegovindam Real Estate Pvt Ltd. Alias Berry Developers & Infrastructure Private Ltd. (BDI private Ltd.), Sector-44, Adjoining Ramada Hotel

Gurugram-122002 Haryana Rera no. RAJ/P/2017/034.

 

         ......Opposite party

          Complaint under Section 35 of Consumer Protection Act, 2019.

         

BEFORE:    SHRI SANJEEV JINDAL, PRESIDENT.

                    DR. RISHI DUTT KAUSHIK, MEMBER.

                    

Present:       Complainant in person.

                    Opposite party ex-parte vide order dated 13.09.2021.

                  

ORDER       SANJEEV JINDAL, PRESIDENT.   

 

                   Briefly stated, the complainant has averred that in the mid of October, 2020, he visited Alwar District Rajasthan in search for a rented accommodation from Gurugram because of his new job in Alwar.  At the site of the opposite party, the complainant went inside to check for the possible rent accommodation.  On being lured by the opposite party with his selling tricks, the complainant agreed to buy 2BHK LIG flat with 25-30% discount at "Green Park" complex in Chikani Alwar, pursuant to which, he deposited an amount of Rs.78750/- with the opposite party as token money on 19.10.2019 & 20.10.2019 but, instead of providing the acknowledgement slip of Token Money Receipt, the OP issued an Allotment Letter for Flat no T24A-404, without obtaining the consent of the complainant.  No details of any brochure or any terms & conditions were shared by the opposite party.  In the said Allotment letter, it had been mentioned that the Flat T24A-404 was offered to the complainant against a draw which the complainant applied under "Meri Kismat Mera Ghar" scheme, whereas, the complainant had never applied in any draw nor he had ever signed any official document anywhere for this allotment.  On 02.11.2020, the complainant started commuting to his daily office situated in MIA area from "Green Park" complex, which was more than 30 KMs, on his two-wheeler.  Since, the "Green Park" Chikani complex was outside the Alwar city and there always remained heavy traffic, which was more dangerous during early morning and after sun-set in the evening due to non-availability of road lights, so, the complainant having realized the danger of commuting from his office to "Green Park" Chikani complex, made his mind to move inside the city for life safety reasons and also decided to give up the plan to buy any residential flat in "Green Park" Chikani.  Thus, the complainant requested the OP for the refund of his token money but the OP bluntly refused to pay the same which amounted to deficiency in service on the part of the opposite party.  As such, the OP was liable to refund the amount of Rs.78,750/- which had been wrongly charged by him from the complainant for the allotment of the said flat.  Therefore, the complainant requested the OP several times telephonically and by sending emails etc. for refunding his token amount but to no avail.  Hence, this complaint.  In the end, the complainant prayed that a direction be given to the OP for the refund of his token amount of Rs.78,750/-, and further, to pay compensation of Rs.5,00,000/- on account of mental agony & harassment and also to pay litigation expenses.                                                                                                                                                                                                                                                      

2.                Upon notice, the OP failed to appear despite service and hence, he was proceeded against ex-parte vide order dated 13.09.2021.                

3.                To substantiate his case, the complainant has placed on record his affidavit which is Ex.CW1/A and some documents which are Ex. C-1 to Ex. C-15.

4.               We have heard the complainant and perused the record available on the file.

5.                  The complainant in his evidence has tendered his affidavit Ex.CW1/A and certain other documents i.e. Ex. C-1 to Ex. C-15.  In the aforesaid affidavit, the complainant has reiterated the averments made by him in his pleadings almost on the similar lines and hence the contents of the affidavit are not being reproduced here-in, in order to avoid the repetition.  The documents i.e. Ex. C-1 to Ex. C-15 submitted by the complainant also confirms the aforesaid version of the complainant.

Since, the opposite party in this case has been proceeded against exparte and there is no evidence on his behalf on the record of this file, so the evidence produced on the record of this file by the complainant goes unrebutted and as such this Commission does not find any reason to disbelieve the same.  Accordingly, the complaint of the complainant is accepted with costs.

6.                  Resultantly, considering all the facts and circumstances of the case and to meet the ends of justice, we direct the OP to refund the entire amount which was deposited by the complainant in respect of the flat in question i.e. Rs.78,750/- to the complainant.  The OP shall make the compliance of the order within 30 days after receipt of copy of this order, failing which complainant shall be entitled to receive the awarded amount alongwith interest at the rate of 9% per annum from the date of filing of the present complaint till its realization. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                     (Sanjeev Jindal)

03.03.2022                                                           President,

                                                              District Consumer Disputes

                                                               Redressal Commission, Gurgaon

 (Rishi Dutt Kaushik)

               Member