Delhi

New Delhi

CC/412/2010

B.N. Chadha - Complainant(s)

Versus

M/S. Rangoli Buildtech Pvt.Ltd. - Opp.Party(s)

02 Nov 2020

ORDER

 

 

     

                                         CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

 

Case No.CC. 412/2010                                                  Dated:

 

In the matter of:

B.N. Chadha

R/o 52/1806, Naiwal, Karol Bagh,

New Delhi-110005

....COMPLAINANT

 

VERSUS

 

Rangoli Buildtech (P) Ltd.

TDI, 1105, 11^th floor, Akashdeep Building,

New Delhi-110001

 

Also at:-

Rangoli Buildtech (P) Ltd.

G-7, Ground Floor

Connaught Circus

New Delhi

                                                                                           .....OPPOSITE PARTY

 

 

 

 

PRESIDENT- ARUN KUMAR ARYA

 

ORDER

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the Purnima Vohra & Mohit Vohra booked a plot in the TDI Green Project of the OP in Sonepat in the Joint name of Purnima Vohra & Mohit Vohra and had paid Rs. 03,12,500/- vide cheque no. 964518 dated 06/10/2005 and the OP issued the receipt no. 1570 dated 29/10/2005. Further, Purnima Vohra & Mohit Vohra also deposited Rs. 01,56,250/- and Rs. 40,625/-  on 29/12/2005.

It is alleged that Purnima Vohra & Mohit Vohra sold the same to one Ms. Barkha Chawala and the present complainant purchased the same from Ms. Barkha Chawala after paying the amount of Rs. 05,09,375/- (i.e. amount received by the OP till the date. Further, complainant had paid Rs. 04,34,375/- to the OP on demand on 12/01/2007 and  the complainant was allotted with plot no. C-C1/36, OP also issued allotment letter dated 11/03/2008to the complainant. It is further alleged that OP vide two letters demanded more money from the complainant but due to the bad health and Hospitalization for various problems the complainant could not visited the OP.

After recovering from the illnesses when the complainant visits the OP he was astonished to her from the officials of the OP that the OP had already cancelled the plot of the complainant without any reasonable cause. Further, the complainant came to know that the OP changed the Plan of the land in which the OP allotted the plot to the complainant. The complainant requested the OP vide letter dated 16/02/2010  to allot a new plot to the complainant, the official of the OP assured the complainant to do the needful but till date the complainant did not gave any positive response to the complainant, hence this complaint.

Notice of the complaint was sent to the OP but none appeared and therefore, OP was ordered to be proceeded with ex-parte on 29/08/2018.

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

From the un-rebutted testimony of the complaint and documents placed on record, we are convinced that the submissions put forth by the complainant are true.  Bare perusal of the complaint and its annexure shows that complainant had paid Rs. 09,43,750/- to the OP but the OP had cancelled the plot of the complainant without any reasonable cause. Further, OP had changed the plan of the land in which OP allotted a plot to the complainant and further the complainant requested the OP vide letter dated 16/02/2010  to allot a new plot to the complainant, OP also assured to the complainant to do the needful but till date the OP neither refunded the deposited amount of the complainant nor allotted the plot to the complainant .

In view of above discussion, We hold the OP to be guilty of deficiency in service and direct as under:-

                      i) OP is directed to allot a plot of similar dimension in the same locality to the complainant. 

ii)    Pay to the complainant a sum of Rs.25,000/- as compensation towards harassment, mental agony and pain including the cost of litigation.

The order shall be complied within 30 days of the receipt of the copy of the order. A copy of this order be sent to both the parties free of cost by post.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

       Pronounced in open Forum on 02/11/2020.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

 

 

                                                                                          (H M VYAS)

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