DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1253/2015
D.No._______________________ Dated: _______________
,,IN THE MATTER OF:
RAM KANWAR YADAV S/o LATE SH. BOHRU LAL
R/o H. No. 31, VILLAGE BAMRALI,
SIKANDARPUR (BADA), GURGAON-122001. … 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: 08.10.2015
Date of decision: 18.01.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OPs under section 12 of the Consumer Protection Act, 1986 therebyalleging that in the month of March-2012, the complainant on
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looking charming advertisements approached the office of OP-1 through Investor Spectrum and met 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 150 Sq. Yards residential plot @ Rs.4,550/- per Sq. Yd. (i.e. total value of Rs.7,50,750/-) and paid Rs.68,250/- through cheque no. 375390 dated 12.03.2012 of Karwa Bank as booking amount and OP-1 issued a receipt no. 4153 dated 19.03.2012 in favour of the complainant and allotted plot no. 002 in block F in the name of the complainant vide allotment letter Ref. No. OKD/CG-903 dated 23.03.2012 and OP-2 further assured the complainant that OP will give possession of plot within six months. The complainant further submitted that OP-2 communicated that very soon the possession will be given to the complainant and requested to make further payments and on the instructions of OP-2 the complainant submitted the amounts of Rs.2,73,000/- through cheque no. 375391 dated 24.04.2012 of Karwa Bank and OP-1 issued a receipt no. 5053 dated 26.04.2012 in favour of the complainant. The complainant further alleged that 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 and the OPs have no approval from concerned authorities for running the project
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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 OP gave assurance only and the complainant repeatedly visited the office of OP but OP did not deliver the possession of the plot to the complainant and in the month of November-2014, the OPs released cheques no. 142912 of amount of Rs.4,23,150/- dated 12.11.2014 of Yes Bank but the cheque was not honored by the banker of the OPs. The complainant further alleged that the complainant continuously visited the office of OP-1 but all in vain and OP failed to give any date of possession of the plot and neither refunded the amount. 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.3,41,250/- 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.
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3. Notice were issued to OPs through speed post as well as notice were 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 counsel for complainant namely Sh. Vinay Kumar Parihar, Advocate filed his affidavit of service to the effect that on 20.10.2015 & 22.10.2015 he personally visited the office of OP and served the notice alongwith copy of complaint on OP-1 & OP-2. As none for OPs appeared and as such the OPswere proceeded ex-parte vide order dated 20.07.2017.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant placed on record copy of Registration Form, copy of details of plot, copies of cheque no. 375390 dated 02.03.2012 of Rs.68,250/- & cheque no. 375391 dated 24.04.2012 of Rs.2,73,000/-, copies of receipt no. 4153 dated 19.03.2012 and receipt no. 5053 dated 26.04.2012, copy of allotment letter dated 23.03.2012, copy of thanks letter dated 23.03.2012, copy of MOU dated 21.05.2012 and copy of cheque no. 142912 dated 12.11.2014 of Rs.4,23,150/- issued by OP to the complainant.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant.The
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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.3,41,250/- (i.e. Rs.68,250/- deposited on 12.03.2012& Rs.2,73,000/- deposited on 24.04.2012) alongwith interest @ 10% p.a. from the date of deposit till the date of this order.
ii) To pay to the complainant an amount of Rs.40,000/- ascompensation towards mental agony and harassment caused to the complainant
iii) To pay to the complainant 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
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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 18th day of January, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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