DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No. 579/2010
Sh. Vijay Kumar
House No.374, Pocket-13,
Dwarka, Phase-I
New Delhi-110047 ….Complainant
Versus
1. M/s Triveni Infrastructure Development Co. Ltd.
A-27, 2nd Floor, Mohan Co-operative Industrial Area
Phase-1, Mathura Road,
New Delhi-110014
Also at:
R 13, 2nd Floor,
G.K.-1, New Delhi-110048
2. Geolink Estate Services
77, Sector-46, Faridabad,
Haryana ….Opposite Parties
Date of Institution : 10.09.2010 Date of Order : 17.03.2018
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
Case of the complainant, in nutshell, is that the OP No.2 told him that OP No.1 was launching a new residential plot/flat scheme in the State of Haryana for which on the pursuation of OP No.2 the complainant applied after paying Rs.2,50,000/- as booking amount to OP No.2. OPs agreed that as soon as the relevant license/sanction was received, allotment letter shall be issued to him. However, when the promises of OPs were found false complainant asked for refund of money. The OP No.2 provided a format to be filled for the cancellation of the rights in the advance registration and requesting for refund of money alongwith affidavit. The complainant accordingly fulfilled the requirement and submitted an application dated 06.06.10. The complainant approached the OP for refund of money number of times but the OPs gave false promises and vague reply and did not make the payment.
Hence, pleading deficiency in service on the part of OPs the complainant has filed the present complaint with the following prayers:-
- Direct the OP to refund the registration booking amount of Rs.2,50,000/- alongwith upto date interest @ 12% per annum from the date of investment till date.
- Direct the OP to pay a sum of Rs.1,00,000/- as damages and compensation for mental agony, pain and harassment which complainant has to suffer.
- Direct the OP to pay litigation expenses of Rs.21,000/-.
Sh. Ashwani Kumar, Adv. (Enrol. No. D/2025/2008) appeared on behalf of the OP on 07.06.11 and the copy of the complaint was provided to him on which date the case was adjourned to 10.10.11 for settlement, if any, or filing written statement. On 10.10.11 none appeared on behalf of the OPs and hence were proceeded exparte.
The complainant has filed his own affidavit in exparte evidence and written arguments.
Arguments are heard.
OPs have knowledge about the filing of the complaint but have not chosen to contest it.
The complainant has filed the copy of receipt dated 04.10.06 of Rs.2,50,000/- issued by the OP No.2 as Annexure A/1. The complainant has filed the copy of application for registration of plot/flat in future projects of OP No.1 as Annexure A/2 to show that he had booked a flat of 2 bedrooms (1100 sq. ft.). The OP No.1 vide receipt dated 20.10.06 issued a payment receipt to the complainant for Rs.2,50,000/- (Annexure A/3). The OP No.1 issued an offer for allotment i.e. “offer for allotting “Preferential Number” in Allotment of a Flat against the advance registration made by you” in the projects “Triveni Galaxy” in Sector 78 and “Triveni Signature” in Sector 89”. The complainant was requested to make the payment of Rs.3,00,000/- to show his seriousness so as to enable OP No.1 to process complainant’s “Preferential Number” on the basis of his advance registration. The letter is dated 06.11.2006 and copy is Annexure-4. The complainant has filed copy of an affidavit to the effect that “due to my personal necessity, I have requested the company to cancel the advance Registration receipt for allotment of a plot/Shop/Flat on Priority” as Annexure A/5. Affidavit alongwith application for refund are blank but have been received in the office of OP No.1 on 05.06.2009.
So far as the demand made by the OP No.1 vide letter dated 06.11.06 (copy Annexure –A) is concerned the complainant has not disclosed this fact in the complaint. This was/is a very important fact but, however, the complainant suppressed this fact from this forum in the complaint and also in his exparte evidence. “Why did he do so” is not made clear. However, at the same time OP has also chosen not to contest the claim. Had it been done, this fact would have atleast become clear from them. It means that the OP No.1 infact did not complete the project and no further progress was made and the allotment in question was continued to exist. The complainant had moved the affidavit (copy Annexure –5) alongwith application for refund on or about 05.06.09. Hence, we are of the considered opinion that the complainant has infact proved deficiency in service on the part of the OP No.1. OP No.2 seems to be a broker and it is OP No.1 in whose bank account the advance money of Rs.2,50,000/- had ultimately gone and who issued receipt dated 20.10.06 (copy Annexure–3) to the complainant is guilty of deficiency in service. Therefore, we hold the OP No.1 guilty of deficiency in service.
Keeping in view all the facts and circumstances discussed above we allow the complaint and direct the OP No.1 to refund the amount of Rs.2,50,000/- alongwith interest @ 6% per annum from the date of filing of the complaint till realization, Rs.10,000/- for pain and agony undergone by the complainant including cost of litigation to the Complainant within a period of 30 days from the date of receipt of copy of this order failing which the OP No.1 shall become liable to pay interest @ 9% per annum on the amount of Rs.2,50,000/- from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 17.03.18.
