DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 493/2016
D.No._______________________ Dated: _______________
,,IN THE MATTER OF:
Mrs. PARVINDER KAUR @ PARWINDER,
W/o SH. JASVINDER SINGH,
R/o M-79, 3RD FLOOR, HARI NAGAR,
NEW DELHI-110064. … COMPLAINANT
Versus
1. M/s OM KRISHNA DEVELOPERS PVT. LTD.,
(THROUGH SH. P.S. GUPTA, DIRECTOR),
H-10/103, EXPRESS ARCADE,
OPP.-FUN CINEMA, NETAJI SUBHASH PLACE,
PITAM PURA, NEW DELHI-110034.
ALSO AT: C-215, 3rd FLOOR,
TAGORE PARK, NEW DELHI.
2. Mrs. URMILA GUPTA,
FOR OM KRISHNA DEVELOPERS PVT. LTD.,
H-10/103, EXPRESS ARCADE,
OPP.-FUN CINEMA, NETAJI SUBHASH PLACE,
PITAM PURA, NEW DELHI-110034.
3. Ms. DIKSHA GUPTA,
FOR OM KRISHNA DEVELOPERS PVT. LTD.,
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: 03.05.2016
Date of decision: 27.03.2019
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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 the complainant booked a plot no. 491 measuring 120 Sq. Yds. situated in Block-E, Country Garden, NH-8, Neemrana, Rajasthan and allotment letter dated 31.08.2010 was issued by OPs and it is assured by OPs that the land has been procured by OPs (Builder) and licence has been obtained from Rajasthan Government to build the society and it was also assured by OPs that at the end of stipulated time i.e. 2 years plus 6 months from the date of booking of plot and OPs would get the registry of plots done or would refund the amount deposited by the complainant. The complainant further alleged that in furtherance of the said allotment another Memorandum of Understanding dated 01.10.2010was also executed between the complainant and OPs and the MOU itself contains that if the developers delay to deliver the project within 24 months plus 6 months then he will be liable to pay to the buyer 12% penalty per annum and it was further stated that if the developers fail to delivers the project due to any unforeseen reasons then he will return the money alongwith interest 12% p.a. and OP will return the money with interest of 24% p.a. i.e. 12% penalty per annum plus 12% interest per annum and
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it was also declared from OPs on oath letter that the said project for housing complex named Country Garden is free from all encumbrances and OP would be responsible for any dispute regarding allocation and regularization of the said project land and it is also stated that Municipal Corporation Authority, Bhiwadi will not be responsible for the same and the price details of the said plot was as follows: a) Basic Sale Price Rs.3,78,000/- for the area of 120 Sq. Yds. i.e. Rs.3,150/- Sq. Yds. and the total sum of Rs.3,78,000/- for the said plot. Thereafter, it was settled between the parties that the complainant opted for 60 days plan payment plan which states that the complainant will make full payment in advance at the time of allotment, the complainant paid a sum of Rs.3,78,000/- but on part of OPs nothing had been done nor the possession of the proposed allotment by OPs despite numerous request on the part of the complainant and receipts dated 31.08.2010 of Rs.37,800/-, dated 30.10.2010 of Rs.2,77,000/- and dated 30.10.2010 of Rs.63,200/- of amount received by OPs. Thereafter, at the time of booking of the said plot which is supposed to be constructed by OPs said it to be the world level standards and the complainant was promised to construct it within time and deliver its possession to the complainant by OPs. The complainant further alleged that the complainant sent a legal notice dated 12.04.2016 through his Counsel to OP and informed about not giving possession as per
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terms and conditions of the MOU and in reply to which OPs did not inform about breach of any fact nor any information was given about the working of the scheme as to within what time the above scheme will be completed and 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 OPs to refund the amount of Rs.3,78,000/- deposited towards the booking of plot alongwith interest @ 24% p.a. as well as compensation of Rs.5,00,000/- for causing harassment alongwith interest @ 24% p.a. from the date of booking of the said plot and also sought Rs.60,000/- the litigation cost alongwith interest @ 24% p.a.
3. Notice were issued to OPs through speed post as well as notice was also published in the newspaper ‘Veer Arjun’ dated 13.02.2017 by the complainant for appearanceon 08.03.2017. The complainant filed copy of 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 18.04.2016 despite that as none for OPs appeared and as such the OPswere proceeded ex-parte vide order dated 31.07.2017.
4. In order to prove the case the complainant filedhis affidavit in evidence and also filed written arguments. The complainant placed
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on record copy of Registration form, copy of letter dated 31.08.2010 sent by OP to the complainant, copy of MOU dated 31.08.2010, copy of cheque no.120767 dated 26.08.2010 of Rs.37,800/- issued by complainant to OP drawn on HDFC Bank, Haryana, copy of details of plot, copies of receipts no.1788 dated 30.10.2010 of Rs63,200/- and receipt no.1787 dated 30.10.2010 of Rs.2,77,000/- and copy of legal notice dated 12.04.2016 sent by the complainant through his Counsel to OPs.
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.
6.Accordingly, the OPsjointly or severally are directed as under:
i) To refund to the complainant an amount of Rs.3,78,000/- deposited with the OP.
ii) To pay to the complainant an amount of Rs.1,50,000/- ascompensation towards mental agony and harassment caused to the complainant
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iii) To pay an amount of Rs.8,000/- 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 27thday of March, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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