Delhi

New Delhi

CC/641/2016

Deepak Rawat - Complainant(s)

Versus

M/S. Earth Infrastructure Pvt. Ltd - Opp.Party(s)

29 Nov 2017

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

 

Case No.C.C./641/16                                     Dated:

In the matter of:

DEEPAK SINGH RAWAT

Raju singh rawat,

R/O B – 06, Vipin Garden Extension

North Block – B, UTTAM  NAGAR,

Delhi-110059.

…..COMPLAINANT

 

VERSUS

KYARI SOLUTION PVT. LTD

Through its Manager/AGM/GM/MD/CMD

Having its Registered Office at

C/O EARTH ICONIC INFRASTRUCTER PVT.LTD

23,UGF, Himalaya House, K.G. New Delhi.

 

EARTH ICONIC INFRASTRUCTER PVT. LTD

26, 1^st floor , Pusa Road,

Opp. Karol Bagh Metro station

New Delhi – 05.

 

 

 

 

     .... OPPOSITE PARTY

MEMBER: NIPUR CHANDNA

ORDER

The case of the Complainant is that being influenced by the advertisement published in various News Paper by OP2 , he  invested the hard money of his father in purchasing one Studio Apartment with the hope of better living of standards as well as for their livelihood purpose. It is alleged by the complainant that he booked one studio apartment in the project of OP named as “ EARTH TITANIUM STUDIOS” admeasuring area of 520sq. ft. consisting of 1 BHK on 04.07.2014 and paid a sum of Rs. 4,00,000/- through cheque in favour of OP no.2 and the same was duly acknowledged by OP no.2 vide its receipt bearing no. 5943. It is further alleged by the complainant that as per the further demand of the OP 2 , he paid a sum of Rs. 6,00,000/- to OP2 by way of two cheques for a sum of Rs. 4,00,000/- and Rs. 2,00,000/- each and the same was also duly acknowledged by OP 2 vide its receipt bearing no. 6753 and 6754 dt. 14.10.2014. It is alleged by the complainant that despite his repeated request and emails when he did not get any status of the alleged project, he wrote OP for refund of his money deposited, but despite his repeated request OP neither refunded the money to him nor provide any status regarding the alleged project. Hence, this complaint.  

        Notice of complaint was sent to the OP, Counsel for OP Sh. Amit Raj appeared filed his Memo of Appearance, copy of complaint supplied to him. OP choses not to contest the complaint, since none appeared on behalf of OP, it was ordered to be proceeded with ex-parte on 07.07.2017.

        Complainant filed his ex-parte evidence by way of affidavit wherein he has corroborated the contents of his complaint.

        Complainant has placed on record copies of the receipt issued by OP, copies of E.mails sent to the OP in support of his case.

        We have heard ex-parte arguments advanced at the bar and have perused the record.

 From the un rebutted testimony of the complainant as well as the document placed on record along with the complaint, we are convinced that the story put forth by the complainant is true.

        Bare perusal of the receipts attached with the complaint issued by OP 2 clearly shows that the complainant had deposited a sum of Rs.10,00,000/- long back in the year 2014 with the OP, but till date neither OP 2 has handed over the possession nor had refunded the money deposited with him. This act of OP 2 amounts to deficiency in services, we therefore, hold OP 2 guilty of deficiency in services and direct it as under:-  

1. Refund to the complainant sum of Rs. 10,00,000/- along with interest @ 10% from the date of deposit  till payment.

 

2. Pay to the complainant sum of Rs. 20,000/- on account of pain and mental agony suffered by him.

 

3. Pay to the complainant sum of Rs. 10,000/- as a cost of litigation.

The order shall be complied by the OP2 within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP 2 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 10% per annum from the date of this order till recovery of the said amount of Rs. 30,000/–.

This final order be sent to server (www.confonet.nic.in ). A copy of this order each be sent to both parties free of cost by post.

 

File be consigned to record room.

 

Pronounced in open Forum on ________________.

 

                      (S K SARVARIA)

                        PRESIDENT

 

                                        (NIPUR CHANDNA)                                 (H M VYAS)

                                             MEMBER                                                 MEMBER