Delhi

New Delhi

CC/40/2014

Col(Retd)Manu Bhalla - Complainant(s)

Versus

M/S. SKM Refcon - 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/40/14                       Dated:

In the matter of:

COL (RETD.)MANU BHALLA AND OTHER

FLAT NO.J-7059,

DEVINDER VIHAR,

SECTOR 56,

GURGAON-122011

........COMPLAINANT

 

VERSUS

CHAIRMAN AND MANAGING DIRECTOR

SKM REFCON PRIVATE LTD.,

A-101, 10^TH FLOOR, HIMALAYA HOUSE,

23, K.G. MARG, NEW DELHI-110001

               

  ……..OPPOSITE   PARTIES

 

 

 

 

 

 

 

 

 

 

 

 

ORDER

 

Member: Ritu Garodia

        The complaint pertains to deficiency in service on part of OP for non-refund of booking amount.

        The complainant book a flat in Cambrian Forest Project in Sector 95 GURGAON with OP.  He paid Rs.2,50,000/- as booking amount receipt of which is annexed at Annexure III.  The complainant further paid Rs.2,50,000/- on 21.2.13.  The composite receipt for both payments are annexed a Annexure-IV.  The complainant also paid Rs.1,91,061/- on 21.2.2013 as part payment.  Thereafter, complainant became aware that project is not being launched.  He also became aware of adverse report regarding OP relating to fraud in news paper and internet.  Consequently he applied for refund on 16.9.2013.  He received an e-mail dated 22.11.2013 wherein OP admitted that there was a crisis in the company and are ready to refund the money.  Complainant Thereafter visited the OP company but was not given any refund.

        Notice was issued to OP but OP failed to appear and present its version.   OP was proceeded ex-parte on 9.7.14 track record placed in the court files.

        We have given due consideration to pleadings and documents annexed.  The receipt generated by OP company reveals that Rs.6,91,061/- had been paid to them as part payment in respect of provisional registration for 2BHK  Apartment.  OP company had also admitted to a crises and were ready to refund.  However, they failed to refund the money under some pretext or other.  It is a common practice for unscrupulous builders to build a ache of money reserve for themselves for their personal profit and benefit while the hapless consumer is left with no recourse except for unnecessary litigations at his own expenses.

        We accordingly find OP guilty of deficiency in service and direct it to pay Rs.6,91,061/- with 9% interest from the date of deposit till realization.  We also award Rs.20,000/- as compensation for mental trauma, harassment and inconvenience and litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

File be 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