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.20/2018                         

MRS. JOSHNA CHATTERJEE

W/O LATE SH. ASHIT CHATTERJEE

R/O B-7&8, GANESH NAGAR

PANDAV NAGAR COMPLEX,

DELHI-110092

…………. COMPLAINANT                                                                             

Vs.

M/S ARUN DEV BUILDERS LTD.,

THROUGH MANAGING DIRECTOR,

F-1211, C.R. PARK, NEW DELHI-110019

                                  …………..RESPONDENT

                                 Date of Order:06.12.2018

O R D E R

A.S. Yadav - President

The case of the complainant is that in July 2007 she booked a residential unit measuring 506 sq. ft. in the upcoming project of OP by the name of “Arun Dev Enclave – Patanjali” at Haridwar, Uttarakhand.  The total cost of the unit was Rs.5,52,046/-.  As per the terms of the application, the complainant paid a sum of Rs.2,00,000/- and after payment of that amount the complainant was entitled to receive a sum of Rs.3000/- per month after 30 days from the date of clearance of the cheques.  The complainant received payment of Rs.3000/- per month till December 2013 and thereafter OP stopped making payment.  OP company did not issue any allotment letter in favour of the complainant nor allotted any flat.  OP failed to execute Builder Buyers Agreement.  Since OP failed to make monthly payment of Rs.3000/-, the complainant asked OP to pay Rs.2,00,000/- alongwith interest @ 18% p.a., even that was not done. 

Terming the action of OP as unfair trade practice as well deficiency in service, the present complaint has been filed whereby the complainant has prayed that OP be directed to refund the amount with interest @ 18% p.a. as well Rs.1 lakh towards compensation and Rs.50,000/- towards litigation expenses.

Despite service of notice, nobody appeared for OP hence OP was proceeded ex parte.

It is proved from the unrebutted testimony of the complainan that OP stopped making payment of Rs.3000/- per month w.e.f. December 2013.  It is also proved that even passing of more than 10 years, OP failed to hand over the unit and even execute Builder Buyers Agreement.  OP failed to refund the amount paid by the complainant.  It is a clear cut case of deficiency in service on the part of OP.

OP is directed to refund the amount of Rs.2,00,000/- to the complainant alongwith interest @ 9% p.a. from the date of respective payments.  OP is further directed to pay a sum of Rs.15,000/- towards compensation and Rs.5000/- towards litigation expenses.

Let the order be complied 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