Delhi

North East

RBT/CC/244/2022

SANJEEV ARORA - Complainant(s)

Versus

M/S OM KRISHANA DEVELOPERS PVT.LTD. - Opp.Party(s)

23 May 2023

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.244/22

 

 

In the matter of:

 

	Sh. Sanjeev Arora S/o Sh. Jagdish Chand R/o H. No. B-67, Matruka Society, Near Sant Kabir School, Vasna Road, Vadodara, Gujrat-390015	Complainant
	Versus
1.       2.	M/s Om Krishna Developers Pvt. Ltd. Office at:- H-10/103, Express Arcade, Opposite Fun Cinema, Netaji Subhash Place, Pitampura, New Delhi-110034   Mr. Prem Shankar Gupta (Managing Director) M/s Om Krishna Developers Pvt. Ltd. Office at:- H-10/103, Express Arcade, Opposite Fun Cinema, Netaji Subhash Place, Pitampura, New Delhi-110034	Opposite Party No.1           Opposite Party No.2

 

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

12.01.18 14.03.23 23.05.23

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

Case of the Complainant

1. The facts of the case as revealed from the record are that in February 2012 Complainant approach Opposite Party No.1 and met with Opposite Party No.2 and booked 200 sq. yards plot at rate of Rs. 4,150/- per sq. yard total amounting to Rs. 8,30,000/- in residential project “Country Garden”, NH-8, Jaipur Delhi Highway, Neemrana Behror, Rajasthan. The Complainant paid booking amount of Rs. 83,000/- through cheque no. 807069 dated 29.02.12 for which Opposite Party issued a receipt no. 4272 and allotted plot no. 208 in Block D in the name of Complainant vide allotment letter Ref No./OKD/CG-825 dated 29.02.12 and Opposite Party No.2 gave assurance that the plot in question will be handed over to Complainant within six months. The Complainant stated that he further paid Rs. 3,00,000/- through cheque no. 807068 dated 16.04.12 vide receipt no. 5172, Rs. 32,000/-/- through cash dated 29.05.12. On 04.06.12 an MOU was executed between Complainant and Opposite Party No.1. The Complainant stated that the Opposite Parties did not have approval from concerned authorities for running said project. The Complainant stated that Opposite Parties failed to give possession of plot in question to Complainant in spite of various phone calls and visits to the office of Opposite Parties. Hence, this shows deficiency on the part of Opposite Parties. Complainant has prayed for the possession of the plot, failed to do so refund the deposited amount towards the booking of plot along with    24 % interest from the date of amount submitted till filing of complaint i.e. Rs. 4,15,000/-. He further prayed for Rs. 3,00,000/- towards mental harassment and to award pendent lite and future interest @ 24 % p.a. on awarded amount. He also prayed for litigation expenses.
2. None has appeared on behalf of Opposite Parties to contest the case. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 19.02.19.

Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein the Complainant has supported his case as mentioned in the complaint.

Arguments and Conclusion

4. We have heard the 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 Parties did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. The case of the Complainant is that he booked a plot of 200 Sq. yards with Opposite Party for consideration of Rs. 8,30,000/-. The Complainant made payment of Rs. 4,15,000/- to the Opposite Party as demanded by the Opposite Party. Opposite Party had issued allotment letter to the Complainant for the said plot on 29.02.12. Complainant made various visits and calls to Opposite Party with a request for possession of said plot. Opposite Parties had neither handed over the possession of the said plot nor refunded the amount paid by the Complainant to them. On the other hand, Opposite Parties did not appear before the Commission even after notice given in the newspaper. Hence, there is a deficiency of service on the part of Opposite Parties.
6. In view of the above discussion, the complaint is allowed. Opposite Parties are directed to refund the amount of Rs. 4,15,000/- (total amount paid by the Complainant to the Opposite Party) jointly and severally  to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Parties are also directed to pay Rs. 50,000/- on account of mental harassment and Rs. 10,000/- as litigation charges jointly and severally to the Complainant with interest @ 6 % p.a. from the date of this order till recovery.
7. Order announced on 23.05.23.

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