Haryana

Gurgaon

CC/113/2013

Ruchika Sapra - Complainant(s)

Versus

M/s Pal INfrast - Opp.Party(s)

01 Apr 2014

ORDER

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,  GURGAON-122001.

                                                                                                         Consumer Complaint No.113 of 2013                                                                                                                                                  Date of Institution: 26.03.2012/08.04.2012                                                                                                                                  Date of Decision: 05.08.2015

Ruchika Sapra d/o Sh. N.K.Sapra, R/o K-57, Sector-25, Noida.

 

                                                                                        ……Complainant.

 

                                                Versus

 

1. M/s Pal Infrastructure and Developers Pvt. Ltd., 104, Pal Towers, M.G.Road, Sikander Pur, Gurgaon-122 002 through its Managing Director.

 

2. Mr. Harpal Singh,  Managing Director, M/s Pal Infrastructure and Developers Pvt. Ltd., 104, Pal Towers, M.G.Road, Sikander Pur, Gurgaon-122 002.

 

3. Mr. Manav Chandra, Director, M/s Pal Infrastructure and Developers Pvt. Ltd., 104, Pal Towers,  M.G.Road, Sikander Pur, Gurgaon-122 002.

 

4. Mr. Rajesh Kumar, Director M/s Pal Infrastructure and Developers Pvt. Ltd., 104, Pal Towers,  M.G.Road, Sikander Pur, Gurgaon-122 002

 

 

  ..Opposite parties

                                                                            

                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SH.SUBHASH GOYAL, PRESIDENT.

                     SMT JYOTI SIWACH, MEMBER

 

 

Present:        Ms.Manju Yadav, Adv for the complainant.

                    OP-1 to OP-4 exparte

 

 

ORDER       SUBHASH GOYAL, PRESIDENT.       

 

 

The case of the complainant, in brief, is that being lured by the lucrative advertisements of the opposite parties, complainant booked a residential flat in the future project of opposite parties namely “Pal Gardens” situated at Sector 89, Faridabad and paid a sum of Rs.3,50,000/- to the opposite parties vide Receipt No.89/V D & Ass/1206/2505173927073 dated 13.12.2006 (Ann C-2). On the persistent demands of the complainant, she received a letter from the opposite party dated 15.05.2007 wherein it was mentioned that the zoning of the project was not even approved and lay out plan of the project was not even submitted by the opposite parties. The complainant again received a letter dated 24.10.2008 from the opposite parties inviting her to take the allotment of the registration within 10  days. When she visited the office of the opposite party it was informed to her that no specific flat number can be allotted in favour of complainant since the zoning, layout and building plans were still not sanctioned by the government. After desperately waiting for a long time, complainant requested the opposite party to refund her deposited amount of Rs.3,50,000/- The complainant also issued a legal notice dated 21.08.2012 to the opposite party but of no use. Thus, the opposite party has utilized the amount of complainant without offering her flat. The opposite party is deficient in providing services to the complainant. The complainant prayed for refund of the amount of Rs.3,50,000/- with interest. She also claimed compensation of Rs. 1 Lac. The complaint is supported with an affidavit and documents placed on file.

2                 Notice of the complaint was given to the opposite parties. However, opposite parties failed to turn up despite service and thus, were proceeded exparte vide order dated 01.04.2014, 01.04.2014, 22.05.2013 and 22.05.2013 respectively.

3                 We have heard the learned counsel for the complainant and perused the record available on file.

4                 Therefore, from the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the complainant, it emerges that the complainant has filed the present complaint against the OPs alleging deficiency of service on their   part on the ground that she has booked a residential Flat in the future project of the opposite parties namely “Pal Gardens” situated at Sector 89, Faridabad vide Registration Form (Ann C-1)and paid a sum of Rs.3,50,000/-vide Receipt dated 13.12.2006 (Ann C-2). The opposite party failed to allot the flat despite her repeated requests.  The opposite party showed their inability to do so as the zoning and layout plan of the project were not sanctioned by the government and copy of the letter of the OP dated 15.05.2007 is (Ann C-3). Opposite party sent to letter dated 24.10.2008 to the complainant inviting her to take the allotment of the registration within 10 days (Ann C-4) but they again failed to allot the same. After waiting for a long the complainant opted to seek refund but they failed to refund the same. She got issued a registered legal notice dated 21.08.2012  (Ann C-6) to the opposite party but of no use. The above said evidence goes unrebutted as the opposite parties failed to come present before this Forum to contest the claim of the complainant and thus, there is no reason to disbelieve the version of the complainant.

5                 Therefore, we hold that the opposite parties  are deficient in providing services to the complainant. We allow the present complaint and direct the opposite parties to refund Rs.3,50,000/- to the complainant with interest @ 9 % p.a. from the date of filing of the present complaint i.e. 26.03.2013 till realization. The complainant is also entitled to compensation of Rs.10,000/- as compensation for harassment and mental agony. She is also entitled to litigation expenses of Rs.3100/-.OPs shall make the compliance of the order of this Forum within 30 days from the date of receipt of the copy of this order.  The parties concerned be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                                                                      (Subhash Goyal)

05.08.2015                                                                                                       President,

                                                                                                                    District Consumer Disputes

                                                                                                                      Redressal Forum, Gurgaon

 

 

(Jyoti Siwach)       

Member