CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.330/2013

MR. SANJAY TYAGI

S/O LATE SH. RAGUVEER SINGH TYAGI,

R/O WZ-151, BASAI DARA PUR,

NEW DELHI-110015

…………. COMPLAINANT                                                                             

Vs.

M/S ARUN DEV BUILDERS LTD.

F-1211, CHITRANJAN PARK,

NEW DELHI-110019

ALSO AT:-

F-89, GROUND FLOOR,

OKHLA PHASE-1, DELHI

                                  …………..RESPONDENT

                                 Date of Order:31.08.2018

O R D E R

A.S. Yadav - President

The complainant booked a flat measuring 460 sq ft @ Rs.1091/- per sq. ft. in the upcoming project of OP at Mandwar, Uttarakhand and paid booking amount of Rs.25,000/- vide cheque dated 08.02.2007 for which the receipt was duly issued by OP.  The complainant further paid a sum of Rs.10,000/- vide cheque dated 24.07.2007.  The complainant was waiting for the allotment of the plot, however, in the month of November 2011, the complainant came to know that the aforesaid project has failed and the same will not see the light of the day.  The complainant thereafter contacted OP who confirmed about the same.  The complainant requested OP for refund of the amount.  OP asked the complainant to fill up a form for cancellation of registration and deposit all original papers.  The complainant duly complied with the directions of OP and submitted the application on 02.11.2011 for refund of the amount which was duly received, however, the amount was not refunded.  The complainant was constrained to send a legal notice dated 18.03.2013 but the amount was not refunded.  Terming the action of OP as deficiency in service, the present complaint has been filed whereby the complainant has prayed for refund of Rs.25,000/- alongwith interest @ 24% w.e.f.08.02.2007 and Rs.10,000/- alongwith interest @ 24% w.e.f. 24.07.2007 and also sought compensation.

OP in reply took the plea that the complainant is not a consumer and the complaint is barred by limitation and also this Forum lacks territorial jurisdiction to entertain the present complaint.  It is not in dispute that the complainant booked a flat in the aforesaid project of OP and made the payment as stated in the complaint.  However, it is denied that the aforesaid project failed.  It is stated that it is the complainant who has not made further payment.  It is stated that total cost of the flat is Rs.5,47,860/- and OP is ready to execute the registered sale deed if the complainant is ready to make the balance payment.  It is stated that there was no deficiency in service on the part of OP.  It is prayed that the complaint be dismissed.

We have gone through the case file carefully.

It is significant to note that the complainant has specifically stated that he has booked a flat in February 2007 and initially paid a sum of Rs.25,000/- vide cheque dated 08.02.2007 and thereafter paid a sum of Rs.10,000/- vide cheque dated 24.07.2007.  Receipts are placed on record.  The complainant has specifically stated that after waiting for four years, he came to know that the aforesaid project of OP has failed.  OP confirmed about that.  This fact is denied by OP rather it is stated that the total price of the flat is Rs.5,47,860/- and OP is ready to execute the registered sale deed in favour of the complainant if he is ready to make the balance payment.  Once the allegation of failure of project is made then OP is under obligation to prove that the project has not failed.  OP has not placed anything on record to show that the project came into existence.  OP has not placed even a single sale deed to show that any flat was sold.  In fact OP failed to prove that the project ever came in existence.  Under these circumstances, the complainant was justified in seeking refund and as desired by OP, he submitted all documents on 09.02.2011 despite that the amount was not refunded.  It is a clear cut case of deficiency in service on the part of OP.

The complainant is indeed a consumer as he has booked a flat and made the payment.

There is no question of the complaint being barred by limitation as neither the flat was allotted nor the amount was refunded.

This Forum has got the territorial jurisdiction to entertain the present complaint as entire transaction took place at the registered office of OP which is within the territorial jurisdiction of this Forum.  Entire payment received in that office, receipts were duly issued from that office.  Even application for cancellation of registration was received in that office. 

OP is directed to refund a sum of Rs.35,000/- to the complainant alongwith interest @ 9% p.a. from 01.08.2007.  OP is further directed to pay Rs.5,000/- towards compensation and Rs.5,000/- towards litigation expenses.

Let the order be complied with within one month of the receipt thereof.  The complaint stands disposed of accordingly.

            Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

    (RITU GARODIA)                                    (H.C. SURI)                                                   (A.S. YADAV)

        MEMBER                                                MEMBER                            PRESIDENT