CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.18/2018
SMT. RANJEETA KUMARI
W/O SHRI JOY MINJ
R/O 1, I-BLOCK, SHAKURPUR
JJ COLONY, DELHI-110034
…………. COMPLAINANT
VS.
- M/S ARUN DEV BUILDTECH PVT. LTD
REGD. OFFICE:
612, YAMUNA APARTMENTS,
HOLI CHOWK, DEVLI VILLAGE,
NEW DELHI-110062
- SHRI RAMESH CHAND
CHAIRMAN / OWNER
M/S ARUN DEV BUILDTECH PVT. LTD.
F- /211, BASEMENT,
MARKET NO.2, CHITTRANJAN PARK,
NEW DELHI-110019
- SHRI MANOJ BHARDWAJ
MANAGING DIRECTOR
M/S ARUN DEV BUILDTECH PVT. LTD.
F- /211, BASEMENT,
MARKET NO.2, CHITTRANJAN PARK,
NEW DELHI-110019
- SHRI RAJESH MALIK
GENERAL MANAGER
M/S ARUN DEV BUILDTECH PVT. LTD.
F- /211, BASEMENT,
MARKET NO.2, CHITTRANJAN PARK,
NEW DELHI-110019
- SHRI PRAMOD
OFFICE-IN-CHARGE
M/S ARUN DEV BUILDTECH PVT. LTD.
F- /211, BASEMENT,
MARKET NO.2, CHITTRANJAN PARK,
NEW DELHI-110019
………….. RESPONDENT
Date of Order: 04.09.2020
O R D E R
REKHA RANI– President
The Complainant has filed the instant complaint u/S 12 of the Consumer Protection Act pleading therein that allured and induced by officials of M/S Arun Dev Buildtech Pvt. Ltd. (in short OP) through advertisements of lucrative schemes in their upcoming residential project at plot no. 784, Yamuna Vihar Village Kaboolpur Manjhawali Road, Jasana, Faridabad. He booked 2 plots namely plot no. 3090 measuring 56.6 sq. yds. @ Rs.4,250/- per sq yds and plot no. 3089 measuring 56.6. sq. yds. in the said project. OPs assured that all the sanctions and approvals for the said project have been obtained from different agencies/authorities and that the project is approved by some financial institutions.
Complainant deposited a sum of Rs.50,000/- through cheque no. 287781 dt. 9.07.2012 drawn on South Indian Bank Ltd. against plot no. 3089 measuring 56.6 sq. yds and the same was duly received and acknowledged by the respondents vide provisional receipt no. 21799 dt. 8.07.2012. The complainant further deposited a sum Rs.50,000/- through cheque no 287782 dt. 9.07.2012 drawn on South Indian Bank against plot no. 3090 measuring 56.6 sq yds and the same was duly received and acknowledged by the respondents vide provisional receipt no. 21800 dt. 8.07.2012
Complainant further deposited Rs.35,000/- through cheque no. 549317 dt. 25.11.2011 drawn on South Indian Bank Ltd against plot no. 3089 and the same was duly received and acknowledged by the respondents vide provisional receipt no. 14417 dt. 25.11.2011. Complainant further deposited Rs.35,000/- on dt. 25.11.2011 against plot no. 3090 as duly received and acknowledged by the respondents
Complainant further deposited Rs.56,100/- through cheque no 549312 dt. 20.4.2011 and further deposited Rs.56,100/- through cheque no. 549314 dt. 20.4.2011 drawn on South Indian Bank Ltd. against the said plot no. 3089 and 3090.
So the complainant deposited Rs.1,41,600/- against each of the said two plots. Although OPs assured that they would deliver physical possession of the booked plots to the complainant within 24 months. Yet they have failed to hand over possession of the plots to the complainant and when the complainant contacted the OPs they expressed their inability to complete their said project citing various reasons and offered to the complainant that if she did not want to continue in their said project which may take a long time, she could get the plots cancelled and seek refund of her deposit with interest. They handed over printed format to the complainant to seek cancellation of the booking. The complainant accordingly submitted application for cancellation of the 2 plots alongwith original receipts of deposit to the OPs. OPs assured to refund the deposited amount of Rs.1,41,600/- against each plot with interest @ 18% per annum within two months. However, OPs have failed to refund the total amount of Rs.2,83,200/- with interest. Complainant served legal notice dt. 5.06.2017 to the OPs seeking refund of the deposit with interest @ 18% per annum but OPs did not do anything. There is deficiency in service on the part of OPs.
Complainant has prayed for direction to OP to refund an amount of Rs.2,83,200/- with interest @ 18% per annum from the date of deposit till payment, Rs.2 lakh as compensation and Rs.11,000/- towards litigation expenses.
Order dt. 17.05.2018 of our predecessor bench indicates that OP was proceeded ex-parte.
Complainant has filed affidavit in her ex-pate evidence. She has also filed written arguments.
We have heard Ld. Counsel Sh. Arvind Kumar for the Complainant through video conferencing.
We have perused the case file, we have no reason to disbelieve the uncontroverted and unchallenged testimony of the complainant that she was given an assurance by the OPs that possession of the booked plots would be handed over within 24 months and they failed to honour their commitment and they have further failed to refund her deposit of Rs.2,83,200/- against the said plot.
We have further no reason to disbelieve the claim of the complainant that she is a consumer as defined under the Act. Since none has appeared for OP to challenge the claim of the complainant and accordingly we have no reason to disbelieve the same.
The claim of the complainant deserves to be allowed. OPs cannot take advantage of their own wrong in not handing over possession on time and also at the same time refusing the refund the deposited amount.
Complaint is allowed.
OPs are directed to pay Rs.2,83,200/- with interest @ 7% per annum from the date of deposit till realization and Rs. 11,000/- towards litigation expenses.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(SHAHINA) (REKHA RANI)
MEMBER PRESIDENT
