DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,GURGAON-122001
Consumer Complaint No: 395 of 2015 Date of Institution: 03.08.2015 Date of Decision: 17.06.2016
Sahadeb Ghosh s/o late Shri Banbihari Ghosh R/o Mukesh Gupta, Shyam Kunj, Near Maruti Kunj, Street No.3, Bhondsi, Gurgaon-122001.
……Complainant.
Versus
M/s Sarv Awas Housing Bhiwadi (P) Ltd, 309-310, Udyog Vihar, Phase IV, Gurgaon, Haryana through its M.D./Proprietor/owner.
M/s Sarv Awas Group 914, ILD Trade Centre, Sohna Road, Near Subhash Chowk, Gurgaon, Haryana through its Director.
..Opposite parties
Complaint under Sections 12 & 14 of Consumer Protection Act,1986
BEFORE: SHRI SUBHASH GOYAL, PRESIDENT
SMT JYOTI SIWACH, MEMBER
SH.SURENDER SINGH BALYAN, MEMBER.
Present: Shri Sunil Jogpal, Adv for the complainant.
OP-1 already given up.
OP-2 already exparte.
ORDER SUBHASH GOYAL, PRESIDENT.
The case of the complainant, in brief, is that he booked a flat with the OPs in their upcoming project namely “Aravali Gardens” Bhiwadi, Rajasthan. He agreed to purchase 2 BHK Flat of Unit/Tower No.2D-105 having 720 sq.ft. at first floor in July, 2013 and he deposited advance registration amount of Rs.10,000/- in cash and Rs. 1,20,000/- vide Cheque No. 224104 and Rs.2,00,000/- as earnest money through Cheque No.331762 dated 26.09.2013. Allotment agreement was executed between the parties on 08.01.2014. However, the OPs failed to start the construction within 2 years as per their assurance. The complainant made several reminders to the OPs to deliver the possession of the above said flat but no action was taken by the OPs. Finally, the OPs refused to start the construction and to hand over the possession of the flat or to refund its price. Thus, there was deficiency in service on the part of the opposite parties. The complainant prayed that the opposite parties be directed either to deliver the possession of the flat or to refund the amount of Rs.3,30,000/- with interest. He also sought compensation of Rs. 2 Lacs for harassment besides cost of litigation Rs.20,000/-.
2 Notice of the complaint was given to the opposite parties. Later on complainant gave up OP-1 vide statement dated 14.03.2016. OP-2 failed to turn up despite service and thus was proceeded exparte vide order dated 14.10.2015.
3 The complainant in his exparte evidence has produced Advance Receipt No. 811 dated 29.07.2013 (Ex.C-1), Advance Registration Form (Ex.C-2), , copy of Cheque of Rs.1,20,000/-dated 22.07.2013 Ex.C-3, Receipt Voucher No.1244 dated 26.09.2013 Ex.C-4, receipt No.0431 dated 28.01.2014 for Rs.10,000/- (Ex.C-5), letter dated 22.04.2015 issued by OP Ex.C-6, cancellation letter dated 02.06.2015 Ex.C-7, allotment agreement dated 08.01.2014 Ex.8/9/10, application dated 29.11.2014 to the OP Ex.C-11 and another application dated 23.03.2015 for refund of the amount Ex.C-12.
5. We have heard the learned counsel for the complainant and have perused the record available on file.
6 Therefore, from the facts and circumstances of the case and the exparte evidence placed on file it emerges that the complainant has booked 2 BHK Flat with the OP in their upcoming project “Aravali Gardens,” Bhiwadi, Rajasthan by submitting advance registration form Ex.C-2 and the OP acknowledged the receipt for advance registration vide acknowledgment receipt No. 811 dated 29.07.2013 (Ex.C-1). The complainant also deposited Rs.2,00,000/- vide Receipt No.1244 dated 26.09.2013 (Ex.C-4). He also deposited Rs.1,0000/- vide Receipt 0431 dated 28.01.2014 (Ex.C-5). Allotment agreement was also executed between the parties on 08.01.2014 (Ex.C-9/10). However, the OP failed to start the construction of the flat as per the assurance made by the OP despite receipt of the above said amount and thus, he sought cancellation of the flat vide letter dated 02.06.2015 (Ex.C-7) on the assurance given by the OP vide their letter dated 22.04.2015 (Ex.C-6). The OP has issued letter dated 22.04.2015 (Ex.C-6)wherein it was mentioned as under:
“In case of any further delay post this, you may feel free to apply cancellation of your concerned units booked with us, we shall refund the full amount paid by you till date without any deduction for these units within 30 working days post cancellation applied.”
But the opposite parties failed to refund the amount due to the reasons best known to them. However, the evidence produced by the complainant goes unrebutted as the opposite party failed to turn up before this Forum and thus was proceeded exparte and as such there is no reason to disbelieve the version of the complainant.
7 Therefore, we hold that there was deficiency in service on the part of the opposite party No.2 and we direct OP-2 to refund Rs.3,30,000/- with interest @ 9 % p.a. from the date of filing of the present complaint i.e. 03.08.2015 till realization. The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.10,000/-. The OP-2 shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.
Announced (Subhash Goyal)
17.06.2016 President,
District Consumer Disputes
Redressal Forum, Gurgaon
(Jyoti Siwach) (Surender Singh Balyan)
Member Member
