Delhi

New Delhi

CC/260/2015

Vinay Singh - Complainant(s)

Versus

M/S. J.S. Bhasin - Opp.Party(s)

17 Jul 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/260/15              Dated:

 

In the matter of:

MRS.VINAY SINGH,

W/O MR. PANKAJ KUMAR,

H.NO. C-6/6094, VASANT KUNJ,

NEW DELHI-110029

 

                 ……..COMPLAINANT

 

VERSUS

 

SH. J S BHASIN,

DIRECTOR

C/O BHASIN INFOTECH AND INFRASTRUCTER PVT. LTD.

618, 6^TH FLOOR, LE-MERIDIAN COMMERCIAL TOWER, RISINA ROAD,

NEW DELHI-110001

 

 

………. OPPOSITE PARTY

 

 

 

 

 

 

ORDER

Member :  Ritu Garodia

 

The deficiency in this complaint case pertains to change in location of booked unit and for unlawful demand raised by OP builder.

The brief facts are that the complainant booked a unit with OP company bearing number 113 on First Floor on 12, Feb.,2009.  The allotment letter by OP is annexed with complaint.  The said documents show Rs.6,61857 was paid and accepted by OP and was duly signed by both parties.  OP, further demanded Rs.7,09,132/- which was duly paid on 5^th September, 2009.  The project was delayed.  Complainant received a letter dated 8^th May, 2014 wherein the location and number of unit allotted was changed to number 77-A from number113.  Final demand notice dated 30^th January, 2015 is annexed wherein Rs.13,58,857/- was shown as amount received and Rs.8,85,453/- was further demanded.

The complainant sent a grievances letter dated 24th February, 2015 which was replied by OP by letter dated 13th, March2015.  The said letter asked the complainant to settle the grievances in the office.  Complainant visited the office to no avail.   The demand letter was re-sent dated 13^th March,2015.  Thereafter complaint was filed.

OP failed to appear despite summons issued from the Court and was proceeded ex-parte on 25.5.15.

The argument, pleadings, documents of complaint has been duly considered.  The project was booked in 2009, and payments of Rs.13,58,857/- made by complainant is an admitted position in allotment letter dated 12^th February,2009 and demand letter dated 30 January, 2015. OP by its letter dated 8^th May, 2014 unilaterally informed the complainant of change in location.

OP has not honored its commitment towards delivery of possession of booked unit and has rather acted in patronizing and cavalier manner by giving mere intimation of change in location. Complainant   is under no obligation to accept the same and OP cannot wriggle out of its devoir to provide the same unit which it had agreed to in allotment letter.  Moreover, the money for the project was taken in 2009 and the project has not been completed till date.

We, therefore hold OP guilty of indulging in unfair trade practice for arbitrary change in the location of the booked unit and direct it to refund Rs,13,58,857/- at 12% interest form deposit till payment.  We also award Rs.50,000/- as compensation for immense harassment, aggravation, misery caused to innocent consumer who had deposited her hard earned money with OP builder.

The order shall be complied with within 30 days of the receipt of the copy of the order; failing 18% interest will be levied on the amount.

File consigned to Record Room.

Copy of the order be sent to the parties free

of cost.

Pronounced in open Court on 17.07.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(RITU GARODIA)

MEMBER