DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 955/2015
D.No._______________________ Dated: _______________
,,IN THE MATTER OF:
Smt. ANAMIKA RAGHAV W/o SH. TARUN RAGHAV,
R/o BHONDSI, TEH.-SOHNA,
DISTT.-GURGAON, HARYANA-122102. … COMPLAINANT
Versus
1. M/s OM KRISHNA DEVELOPERS PVT. LTD.,
OFFICE AT: H-10/103, EXPRESS ARCADE,
OPP.-FUN CINEMA, NETAJI SUBHASH PLACE,
PITAM PURA, NEW DELHI-110034.
2. SH. PREM SHANKAR GUPTA, MANAGING DIRECTOR,
M/s OM KRISHNA DEVELOPERS PVT. LTD.,
OFFICE AT: H-10/103, EXPRESS ARCADE,
OPP.-FUN CINEMA, NETAJI SUBHASH PLACE,
PITAM PURA, NEW DELHI-110034. … OPPOSITE PARTY(IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 25.08.2015
Date of decision: 18.01.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under section 12 of the Consumer Protection Act, 1986 therebyalleging that in the month of April-2011, the complainant on
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looking charming advertisements approached the office of OP-1 through Investor Spectrum and met with OP-2 and OP-2 showed a dream of residential plot in the project of OP-1 at a reasonable price. The complainant further alleged that the complainant opted for 200 Sq. Yards residential plot @ of Rs.3,230/- per Sq. Yd. (i.e. total value Rs.6,46,000/-) and paid Rs.3,23,000/- cash on 22.04.2011 as the booking amount and OP-2 further assured the complainant that OP will give possession of the plot within 6 months and the OPs allotted plot bearing no. D-337 in the project. The complainant further alleged that OP-2 communicated that very soon the possession will be given to the complainant and the amount paid by the complainant is duly acknowledged in MOU dated 06.03.2012 and at the time of launching projects, giving advertisements on various portals, taking plot booking of the complainant, receiving installments of booking from the complainant and at the time of issuing allotment letter, the OPs have no approval from concerned authorities for running the project as represented and advertised. The complainant further alleged that OP-1 failed to give the possession of the plot to the complainant and the complainant many times telephoned to OP-2 and also visited the office of OP but all calls does not reach to deaf ears and OP give the assurance only and the OPs were asked to deliver the plot but OP-2 orally confirmed to deliver the plot very soon and the
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complainant repeatedly visited the office of OP but OP did not deliver the possession of the plot to the complainant. The complainant further alleged that in the month of July-2014, OP-2 released three cheques to refund the amount vide cheque no. 153533 dated 25.07.2014 of Rs.1,50,000/-, cheque no. 153534 dated 25.8.2014 of Rs.1,73,000/- and cheque no. 153536 dated 25.09.2014 of Rs.77,520/- but neither of the cheques were honored by the banker of OP-1 and on 13.11.2014 the complainant wrote the e-mails to OP-2 to deliver the possession but the OPs did not reply the mail and failed to giveany date of possession of the plot. The complainant further alleged that there is unfair trade practice and deficiency in service on the part of OPs and OPs have cheated the complainant.
2. On these allegations the complainant has filed the present complaint praying for direction to the OP either to give the possession of the plot or to refund the amount of Rs.3,23,000/- deposited towards the booking of plot alongwith interest @ 24% from the date of deposit of amount as well as compensation of Rs.5,00,000/- for causing harassment for continuous 4 years and damages occurred to complainant due to false promises of OPs and lose of time and money and award pendent lite and future interest @ 24 % p.a. on awarded amount and also sought the litigation cost.
3. Notice were issued to OPs through speed post as well as notice was
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also published in the newspaper ‘Veer Arjun’ dated 28.02.2017 by the complainant for appearanceon 20.07.2017. The complainant filed newspaper and OP refused/avoided to receive the notice. It shows that OP has deliberately refused to receive the notice. The notice to OPs was also delivered in the office of OP on 10.09.2015. despite that as none for OPs appeared and as such the OPswere proceeded ex-parte vide order dated 20.07.2017.
4. In order to prove the case the complainant filedher affidavit in evidence and also filed written arguments. The complainant placedon record copy of MOU dated 06.03.2012, copy of allotment letter showing details of plot and copies of cheques no. 153534 dated 25.08.2014 of Rs.1,73,000/- & cheque no. 153536 dated 25.09.2014 of Rs.77,520/- alongwith copies of return memos.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant.The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of thecomplainant. It appears that even after receiving notice from this Forum of this case, the OPs have kept mum and have notbothered to answer the case of the complainant. It seems that OPs have no defence at all. Accordingly, the OPsare held guilty of unfair trade practice and deficiency in service.
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6.Accordingly, the OPsjointly or severally are directed as under:
i) To refund to the complainant an amount of Rs.3,23,000/- deposited with the OP alongwith interest @ 10% from the date of deposit i.e. 22.04.2011 till the date of this order.
ii) To pay to the complainant an amount of Rs.50,000/- ascompensation towards mental agony and harassment caused to the complainant
iii) To pay an amount of Rs.10,000/- towards litigation cost.
7. The above amount shall be paid by the OPs jointly or severally to the complainant within 30 days from the date ofreceiving copy of this orderfailing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order tillpayment. If OPs fail to comply with the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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. Thereafter file be consigned to record room.
Announced on this 18thday of January, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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