Delhi

New Delhi

CC/402/2018

MEERA - Complainant(s)

Versus

M/S. ANSAL HITECH TOWNSHIP LTD. - Opp.Party(s)

24 Dec 2019

ORDER

 

 

 

                                              CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 402/2018                                     Dated:

In the matter of:

Meera

R/o 904, DDA Janta Flats,

GTB Enclave, Delhi-110093

....COMPLAINANT

VERSUS

 

M/s Ansal Hitech Township Ltd.

Through Its Director/M.D./A.R.

115, Ansal Bhawan, 16,

Kasturba Gandhi Marg,

New Delhi-110001

            .....OPPOSITE PARTY

 

 

PRESIDENT- ARUN KUMAR ARYA

 

ORDER

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant had booked a flat in the project of OP bearing no. L-3002G, Ground Floor, Corner Side, Bharosa LIG, Greater Noida, U.P., complainant had also paid Rs. 50,000/- to the OP as booking amount. It is further alleged that OP assured the complainant that it would hand over the possession of the said flat till 2016, but dill date the construction work of the said project/flat has not been completed and in between, the complainant had also paid to the complainant a sum of Rs. 2,49,862/- in different interval of time on the assurance of the OP. Complainant had also visited the office of the OP several times to hand over the possession of the said flat but had not received the satisfactory reply, complainant has also filed written complaint before the OP regarding the same but nothing has been done, hence this complaint.

Notice of the complaint was sent to the OP. Since none appeared on behalf of OP despite notice, therefore, it was ordered to be proceeded with ex-parte on 22/04/2019 by our Predecessor Bench.

Complainant has filed his evidence by way of affidavit wherein he has corroborated the contents of his complaint. File is perused.

 

From the un-rebutted testimony of the complaint and documents placed on record, we are convinced that the story put forth by the complainant is true.  Bare perusal of the complaint and its annexures shows that complainant booked a Plot in a project of OP bearing no. L-3002G, Ground Floor, Corner Side, Bharosa LIG, Greater Noida, U.P., complainant had also paid Rs. 50,000/- to the OP as booking amount. It is further alleged that OP assured to the complainant that it will hand over the possession of the said flat till 2016, but dill date the construction work of the said project/flat has not been completed and in between, the complainant had also paid to the complainant a sum of Rs. 2,49,862/-. OP did not complete the said project nor refunded the deposited money of the complainant. Therefore, We hold the OP guilty of deficiency in service and direct it as under:-

 

                       i)     Pay to the complainant a sum of Rs. 02,49,862/- along with interest @ 9% p.a. from the date of filing of this                                                    complaint  i.e. 06/111/2018 till the date of realization.

ii)    Pay to the complainant a sum of Rs.10,000/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.

 

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 24/12/2019.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

           (NIPUR CHANDNA)                                                                                         (H M VYAS)

                      MEMBER                                                                                                  MEMBER