Delhi

North East

RBT/CC/243/2022

VARSHA JAIN - 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.243/22

 

 

In the matter of:

 

	Mrs. Varsha Jain D/o Sh. Vijay Sabarwal R/o H.No. EA-421, Maya Enclave, Behind Hari Nagar, Depo Office, Gate No. 11, Hari Nagar, New Delhi-110064	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

11.01.18 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 October 2011 Complainant approach Opposite Party No.1 and met with Opposite Party No.2 and booked 150 sq. yard plot at rate of Rs. 3,375/- per sq. yard total amounting to Rs. 5,56,800/- including PLC in residential project “Country Garden”, NH-8, Jaipur Delhi Highway, Neemrana Behror, Rajasthan. The Complainant paid booking amount of Rs. 50,625/- through cheque no. 015001 dated 25.10.11 and allotted plot no. 596 in Block F in the name of Complainant vide allotment letter Ref No./OKD/CG-599 dated 25.10.11 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 she further paid Rs. 1,01,250/- through cheque no. 015002 dated 15.02.12 vide receipt no. 5896, Rs. 1,01,250/- through cheque no. 015004 dated 28.01.13 vide receipt no. 6481 and Rs. 25,313/-  through cheque no. 015005 dated 08.03.13 vide receipt no. 6269 and on 09.03.13 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. 2,78,438/-. She further prayed for Rs. 5,00,000/- towards mental harassment and to award pendent lite and future interest           @ 24 % p.a. on awarded amount. She 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 her complaint filed her affidavit wherein the Complainant has supported her 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 written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by her affidavit and documents filed by her. 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 she booked a plot of 150 Sq. yards with Opposite Party for consideration of Rs. 5,56,800/- along with PLC charges. Complainant made payment of Rs. 2,78,438/- to the Opposite Party as demanded by the Opposite Party. Opposite Party had issued allotment letter to the Complainant for the said plot on 25.10.11. 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. 2,78,438/- (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