Delhi

New Delhi

CC/436/2009

Devinder Singh Chauhan - Complainant(s)

Versus

M/S. Financial Heights - Opp.Party(s)

03 Jun 2016

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/436/09                                                                                                      Dated:

 

In the matter of:

Mr.DEVENDER SINGH CHAUHAN,

S/O SHRI JIT SINGH CHAUHAN

17, VILLAGE JASOLA

PO JAMIA NAGAR

NEW DELHI-110025.

                 

         ……..COMPLAINANT

 

VERSUS

 

M/S. FINANCIAL HEIGHTS

GF-31A, INDERPRAKASH BUILDING

21, BARAKHAMBA ROAD

NEW DELHI-01

 

ARUN DEV BUILDING LITD.

F-1211, C T PARK

NEW DELHI-19

………. OPPOSITE PARTY

 

 

 

 

 

 

ORDER

 

MEMBER:NIPUR CHANDANA

Complainant booked one plot with OP 2 of 100 Sq. yds. by making a payment of the booking amount of Rs.50,000/- vide cheque No.175485 dated 30.9.06, which is duly acknowledged by the OP vide receipt bearing No. 6320/- dated 30.9.2006

It is alleged by the Complainant that as per demand of OP 2 Complainant made the payment to the OP as under:-

1. Rs.60,000/- vide cheque No.965861 which is duly acknowledged by the OP vide receipt No.1377 dated 30.11.06.
2. Rs.60,000/- vide cheque No.965862 dt. 16.3.07 which is duly acknowledged by the OP vide receipt No.11119 dated 2.4.07

        In the month of April, 2007, he received allotment letter dated 15.4.07, but nothing has been heard from the OP 2 regarding as to when the possession of the plot will be handed over to him.

It is further alleged by the Complainant that again on the demand of OP-2 he paid fourth installment of Rs.15,955/- vide cheque No.175491dated 19.6.07.

        It is alleged by the Complainant that till dated OP 2 had not given the possession of the aforesaid plot to him.  Hence this complaint.

        Complainant has been contested by the Ops.  WS has been filed by both the Ops.  After filing WS both the OPs failed to appear before the Forum and as such were proceeded with ex-parte.

        On 5.4.2010, ex-parte order against OP 2 was set aside, and its affidavit was taken on record.

        In its WS OP 1 had stated that the Complaint filed by the Complainant is non-maintainable        ab-inito as the contents of the complaint do not disclose any deficiency in service or unfair trade practice qua answering respondent and prayed for the dismissed of the complaint.

        OP 2 in its WS has stated that he is ready to given the possession of plot and the Complainant is not entitled for the refund of the payment with interest.

        Complainant filed evidence by way of Affidavit and filed the copies of the receipts as well as the copy of allotment letter in support of his case. Counsel of OP 2 filed the evidence by way of affidavit of Sh.Manoj Bhardwaj.

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

Payments made by the Complainant is not disputed by OP 2. It is alleged by the Ld. Counsel of the Complainant that the land in question where this project had to come up was under dispute.  It is further alleged by the Counsel for the Complainant that through enquiries it is revealed that the land in question is not free-hold and OP 2 is not having up any clear title regarding bringing up of the project, even the OP 2 was not a licensee of Town and Country Planning Deptt.

On the other hand, Ld. Counsel of the OP has contended that the land in question is not disputed, the other customers of the same land are getting registered Sale Deed in their favour, but failed to placed on record any documents, to prove the aforesaid contention.

In view  of the above discussion, and the documents, placed on record, we, hold OP 2 guilty of deficiency in service and direct it as under:-

1) Pay to the complainant a sum of Rs.1,85,000/- along with 10% simple interest from the date of filing of complaint till payment.

2) Pay to the complainant a sum of Rs.30,000/- for  mental agony trauma suffered by him.

3)  Pay the complainant a sum of Rs.5000/- as a cost of litigation.

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP insurance company 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. 35,000/–. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

 

Pronounced in open Forum on  03.06.2016

 

 

(S K SARVARIA)

 PRESIDENT

 

 

 

                                                                (H M VYAS)             (NIPUR CHANDANA)

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