Haryana

Gurgaon

CC/258/2015

Ritu balia walia - Complainant(s)

Versus

M/S VISCARIA REAL ESTATE - Opp.Party(s)

20 May 2016

ORDER

                                         DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM, GURGAON-122001

                                                                                                                 Consumer Complaint No: 258 of 2015                                                                                                                            Date of Institution: 18.05.2015                                                                                                                                                       Date of Decision: 20.05.2016

Ritu Bala Walia D/o late Sh. Virender Kumar Walia, Resident of D-74, GF South City-2, Sohna Road, Gurgaon.

                                                                                                                                                                                                                        ……Complainant.

                                                Versus

M/s Viscaria Real Estate Pvt. Ltd, SCO No.37 FF Sector 31, Gurgaon through its authorized signatory Mr. Manoj Chaudhary Managing Director.

 

Vijay Kumar Mehta, 616/20, Om Nagar near SD School, Gurgaon (Agent).

 

 

                                                                                              ..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:        Complainant in person with Sh. Lalit Kalra, Adv for the complainant.

                    Shri Pardeep Sharma, Adv for the OP-1 (Defense Struck off)

 

ORDER       SUBHASH GOYAL, PRESIDENT.

The case of the complainant, in brief, is that  being lured by the representatives of the OP-1 she booked a plot with the OP-1 in their project at Bhiwadi and paid a sum of Rs.1,75,000/- to the OP  and in this regard payment receipt was issued by the OP-1. At that time she was assured that the Buyer’s Agreement will be executed within 25 days and the possession of the booked premises would be handed over within next two years. However, after five months the opposite party failed to execute the Buyer’s Agreement and thus, the complainant was compelled to seek cancellation of the plot and refund thereof but the opposite parties failed to do so. Thus there was deficiency in service on the part of the OPs. The complainant prayed that the opposite parties be directed to refund Rs.1,75,000/- with interest @ 24 % p.a. She also sought compensation of Rs.1 Lac along with litigation expenses to the tune of Rs.22,000/-.

2                 Notice of the complaint was given and the OP-1 put in appearance but failed to file the written reply within the stipulated period and thus, the defence of the OP was struck off vide order dated 28.09.2015. However, OP-2 filed the reply mentioning therein that he only introduced the complainant in the project of the OP and the OP-2 has no role to play in purchasing the plot by the complainant.

3                 We have heard the learned counsel for the complainant and the OP-1.

4                 However, during the course of trial Mr. Manoj Chaudhary, Director OP-1 has made a statement that he has reached at settlement with the complainant and according to said settlement OP-1 will make the payment of Rs.1,75,000/- along with interest @ 9 % p.a. from June, 2013 till payment. OP-1 has also given a cheque of Rs.50,000/- dated 27.01.2016 and has agreed to make the balance payment within 20 days. The said cheque was accepted by the complainant from OP-1.

5                 OP-1 has also given a cheque which was received by the complainant vide her separate statement given on 08.04.2016 vide which she has received Cheque No.079264 dated 12.04.2016 for Rs.1,73,000/- but the same was dishonoured with the reason “Funds Insufficient” as is evident from the letter dated 15.04.2016 placed on file. It is also pertinent to mention here that there is also a letter dated 16.03.2016 issued by the Bank which shows that another cheque No.79254 for Rs.1,73,000/- was also dishonoured on 16.03.2016 with the reason “Funds Insufficient”.

6                 Therefore, OP-1 has not refunded the amount even as per his statement. Therefore, there is deficiency in service on the part of the OP-1. Therefore, we direct the opposite party No.1 to refund Rs.1,73,000/- with interest @ 9 % p.a. from the date of order i.e. 20.05.2016 till realization.  The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.25,000/-. The OP-1 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)

20.05.2016                                                                                                                                          President,

                                                                                                                                                    District Consumer Disputes

                                                                                                                                                   Redressal Forum, Gurgaon

 

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member