Delhi

New Delhi

CC/837/2008

Arvind Mahajan - Complainant(s)

Versus

M/S. Lakshmi Vatika Ltd. - Opp.Party(s)

06 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/837/08                                                                                                                         Dated:

 

In the matter of:

Mr. ARVIND MAHAJAN,

MIG FLAT NO.12, SECTOR-12

POCKET 5 DWARKA

NEW DELHI-110075.

                 

         ……..COMPLAINANT

 

VERSUS

 

M/S. LAXMI VATIKA LTD.

THROUGH ITS MANAGING DIRECTOR

SHRI DEVENDER KUMAR AGGARWAL, 1007-1012, 10^TH FLOOR, NARAIN MANZIL, 23, BRAKHAMBA ROAD,

CONNAUGHT PLACE, NEW DELHI-01

 

………. OPPOSITE PARTY

 

ORDER

 

PRESIDENT: S K SARVARIA

 

Complainant booked one plot in the proposed project of OP named as “DRONA CITY” at Dehradun and paid a sum of Rs.51,000/- on 21.6.2006 which was duly acknowledged by the OP vide receipt bearing No.RN/DC-1643.

It is alleged by the Complainant that he made the further payment of Rs.40,000/- on 14.7.2007, to the OP against the receipt bearing No. RN/DC-1643.

It is alleged by the Complainant that as per the terms and conditions mentioned along with the application form OP will offer the allotment of plot in its aforesaid scheme to the Complainant within 6 months of the registration of the application, and if he fails to do so, then Complainant will be entitled to get the simple interest @ 9% p.a. on the deposited amount.

It is further alleged by the Complainant that in the month of Oct.,2007, when he came to know that the aforesaid project has failed, and the Crime Branch, Delhi  has registered the case of cheating against OP vide F I R No.494/07 at New Delhi, he moved an application with the OP on 28.11.2007 for the refund of his amount.  But till date no refund amount has been given by the OP.  Hence this complaint.

Notice of the complainant was sent to the OP.  Counsel for the OP appeared and filed W. S.  The WS filed by the OP is not supported by the evidence by way of affidavit of the OP and as such pleadings of OP remained unproved so cannot be considered.

Complainant has filed his evidence by way of affidavit.  He has placed on record the copy of Registration Form along with term and conditions, copy of the receipts issued by the OP against the payment received by the Complainant.  Copy of the letter dated 28.11.07 seeking the refund of the amount from OP.  Copy of the affidavit by the Complainant along with the letter dated 28.11.07 in support of his case.

OP on the contrary despite availing the opportunity fails to placed on record its evidence by way of affidavit, and hence was proceeded with ex-parte on 20.4.2011.

From the un-rebutted testimony of the Complainant and the documents placed on record, we are convinced that the story put forth by the Complainant is true.  Bare perusal of the terms and conditions attached with the Registration form makes it clear that the Complainant is entitled for the refund of the amount deposited by him with the simple interest 9% p.a. As the OP had failed o perform its part of contract.

We, hold OP guilty of deficiency in service and direct it as under:-

1)Refund to the complainant a sum of Rs.91,000/- along with simple interest @ 09% p.a. from the date of filing of complaint till payment.

2)To pay to the complainant a sum of Rs.10,000/- for  mental agony trauma suffered by him.

3) To 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 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. 15,000/–. 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 06.5.2016

 

(S K SARVARIA)

 PRESIDENT

 

 

 

(H M VYAS)

MEMBER