Delhi

New Delhi

CC/878/2013

Sharsa Rohilla - Complainant(s)

Versus

M/S. SRS Real Estate Ltd. - Opp.Party(s)

19 Feb 2019

ORDER

 

 

                         DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-VI

                                    (DISTT. NEW DELHI),

                      ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                       NEW DELHI-110001

 

 

 

 

Case No-CC-878/2013                                                       Dated:

In the matter of:  

SMT. SHARDA ROHILLA

W/o Sh. Subhash Chander

R/o H.no. A-247 1^st Floor, Ambey complex

Near Nanda Hospital, Chhattarpur Extn.

New Delhi-110074                                                              …… Complainant

 

Versus

 

SRS REAL ESTATE LTD.

Through Its Directorf

Registered Office At

202, New Delhi, Barakhamba Road,

Connaught Place, New Delhi-110001

.

SRS Real Estate LTD..

The Director/ Manager / Chief Executive Officer

SRS Real Estate LTD.

Multiplex, Sector- 12, Faridabad

                                                                                                                                ……. Opposite Parties

 

 

 

             

 

              ARUN KUMAR ARYA- PRESIDENT
 

                                                                         ORDER

 

            The Complainant has filed the present complaint against the OP under Section 12 of the Consumer Protection Act, 1986. The OP is a real estate company. The complainant booked a flat measuring 200 sq. yards in the project of OP at Palwal and paid a sum of Rs. 2,00,000/-. Receipt the same is placed on record.

The OP did not complete this project and never informed the complaint about it and all the times on inquiry, requested the complainant to wait. As the project was never completed, the complainant asked for refund of Rs. 2,00,000/- which was never paid to the complainant by the OP.  As alleged the OP had turned dishonest and the conduct of the OP amounted to unfair trade practice. A legal notice dated 31.10.2012 was given to OP but no reply was filed by OP.  

  OP was noticed by this Forum. In its reply OP stated that complaint is not maintainable as this Forum does not have the territorial jurisdiction to adjudicate this case. The complainant has invested only Rs. 90,000/- and took a financial assistance of Rs. 1,10,000/- from Mr.Rajeev. The OP spent crores of rupees on the project however but without prejudices. It is stated that complainant invested a sum of Rs. 90,000/- only. It is submitted that complaint is liable to be dismissed.

 The file is perused. OP filed an application during the proceedings of this complaint under section 11(2)(c) of the CP Act. Complainant also moved an application for filing of the original documents submitted by OP as annexure R(1) and R(2) on 14.11.2018. No one appeared on behalf of OP. Hence, this application under Section 11(2)(c) was dismissed and application of complainant was allowed in which a direction was given to OP to file the original documents of R(1) and R(2). These documents were never filed by OP, even later on .

On 08.012018 arguments of complaint were heard and case was fixed on 15.02.2019 further arguments of OP. Nobody appeared on behalf of OP accordingly it was proceeded ex-parte.

We have gone through the affidavit in evidence placed by the complainant with the help of Sh. Nikhilesh Jain Authorised Representative for complainant. As per the receipt filed by complainant that she has paid a sum of Rs.2,00,000/- to the OP. In the documents placed on record of OP, it is clearly mentioned that it was having an office at Barakhamba Road, Connaught Place. As OP was proceeded ex-parte and its application of territorial jurisdiction was also dismissed, this forum feels it expedient to decide the case on merit. No affidavit in evidence was also filed by the OP. It was argued on behalf of complainant that they have paid money to OP at Connaught Place which is office of OP as mentioned in its letter head.

Keeping in view of facts and circumstances the project was never completed by OP and they fail to make the payment of complainant within due time.  Hence, there is a clear deficiency in service on part of OP. Accordingly, its directed as under:-

OP is directed to pay a sum of Rs. 2,00,000/- to the complainant within 30 days of this order with an interest @9% from the filing of complaint i.e. 26.09.2013 till payment.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

           Announced in open Forum on : 19/02/2019

           The orders be uploaded on www.confonet.nic.in.

           File be consigned to record room.

 

 

   (ARUN KUMAR ARYA)

       PRESIDENT

 

 

 

 

    (NIPUR CHANDNA)

          MEMBER