CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.308/2013
MS. ALPNA GUPTA
W/O SHRI RAMJEE GUPTA,
R/O FLAT NO. 118, PLOT NO. GH-13A,
VAISHALI SOCIETY, SECTOR-46,
FARIDABAD, HARYANA…..COMPLAINANT
Vs.
M/S ARUN DEV BUILDERS LIMTED
F-1211, CHITRANJAN PARK,
NEW DELHI- 110019
ALSO AT:
F-1186, CHITRANJAN PARK,
NEW DELHI - 110019.…..RESPONDENT
Date of Institution-04.06.2013
Date of Order- 23.12.2022
O R D E R
RITU GARODIA-MEMBER
The complaint pertains to deficiency in service with respect to non delivery of Flat.
The complainant has booked a flat with OP who was developing a project, Arun Dev City, in Bhiwadi. It is stated that OP is engaged in the business of construction, promotion and development of buildings, flats, houses etc. The complainant deposited Rs. 53,000/- towards the booking of a flat on 22.05.2008. An allotment letter for flat No. B-4/27, registration No. 63904, admeasuring 476 sq. feet was issued by OP in the name of complainant on 15.07.2009. Thereafter, she paid Rs. 3000/- per month up to 22.09.2012. The total amount including the booking amount came to Rs. 1,88,000/-. It is submitted that the cost of the flat was Rs. 5,95,476/- @ 1251 per sq. feet.
It is contended that the possession of the said flat was to be handed over by the end of 2010. The possession was not handed over despite repeated requests and hence the complainant stopped paying installments and raised the demand for refund. A legal notice demanding return of his payment with interest was sent by complainant to OP on 08.04.2013. The complainant alleging gross negligence and hardships prays for refund of Rs. 1,88,000/- with interest @24% p.a. , Rs. 1,00,000/- with @18% interest p.a. for damages and harassment and Rs. 5,500/- towards legal cost.
Notice was served on OP. The counsel for OP appeared, sought repeated adjournments but did not file OP’s reply. Right to file written statement by OP was closed vide order dated 01.06.2015.
The complainant has supported her contention with evidence by way of affidavit and has exhibited the following documents:-
- Copy of provisional registration is exhibited as Ex. CW1/1.
- Copy of the allotment letter dated 15.07.2009 is exhibited as Ex. CW1/2 (colly).
- Copy of the statement of payment made to Arun Dev Builders Ltd is exhibited as Ex. CW1/3(colly).
- Copy of the receipts issued by Arun Dev Builder in the name of the deponent is exhibited as Ex. CW1/4(colly).
- Copy of the notice dated 21.03.2013 alongwith courier receipt are exhibited as Ex. CW1/5(colly).
The Commission has given thoughtful consideration to pleadings and documents placed on record. Allotment letter dated 15.07.2009 shows that a flat bearing No. B4/27, registration No. 63904 admeasuring 476 sq. yards was allotted to the complainant. The ledger details of the complainant in project Dev City Bhiwadi reveals that first payment of Rs. 52,000/- was received on 17.05.2008. Thereafter, monthly installment of Rs. 3000/- till August 2010 was received by OP.
The account summary was as follows:
Demanded amount: Rs. 2,66,000/-
Received amount: Rs. 1,88,000/-
It is clear from the ledger that an amount of Rs. 1,88,000/- was received by OP for allotment of a flat bearing registration No. 63904
The complainant has categorically stated that he has not received the possession of the flat. In the absence of any denial or rebuttal by OP, the Complainant’s stand regarding deficiency in service stands proved.
Hence, we find OP guilty of deficiency in service in not giving the possession of flat and is directed to refund of Rs. 1,88,000/- with interest @9% p.a. from 08.04.2013 i.e. the date of legal notice till realization along with Rs. 20,000/- as compensation for mental harassment and Rs. 5,000/- towards litigation expenses.
File be consigned to record room.
