Delhi

New Delhi

CC/598/2013

Saroj Agarwal - Complainant(s)

Versus

M/S. U-Turn Housing Pvt.Ltd. - Opp.Party(s)

08 Jun 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/598/13                        Dated:

In the matter of:

Smt. Saroj Agarwal,

W/o Sh. Y.K Agarwal,

R/o N-5B, Jangpura Extn.,

New Delhi-110014

 

……..COMPLAINANT

       

VERSUS

M/s. U-turn Housing Pvt. Ltd.,

Through its Director,

1507, Ambadeep Building,

14, K.G Marg, New Delhi-110001

 

                              ………. OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

The Complainant had booked through publicity with OP for Silver Township City, Jaipur project with advance registration for a sum of Rs.1,75,000/- for his sweet dream. The said project was never in the possession of OP nor any approval from Competent Authority in Jaipur. Further OP has also given commitment to handover the possession within 12 months but all promises got failed since 2006 to 03.0713 till filing the complaint but OP proceeded exparte on 17.12.13.

While visualizing exparte evidence, it is very much transparent that complainant paid Rs.1,75,000/- to OP on 14.05.06 for provisional allotment & OP was custodian of money as banker till date but pronouncement of plot & project through advertisement was totally false and fabricated promise given by OP rather OP raised a demand after 15 months for further demand when the said project in question was neither developed nor approved by Govt. of Rajasthan till filing of the complaint. Further OP also changed unit code no.417 to 464 and a letter dated 25.05.09 duly signed by developer called “Rajasthan Land Developer Pvt. Ltd.” sent to complainant for obtaining signature of complainant instead of U-turn housing Pvt. Ltd., which made complainant vigilant and asked for refund for Rs.7,93,000/- till paid 10.09.09.

OP is held guilty & deficient too.  It is a clear case of unfair trade practices to collect money from various consumers through advertisement where product is not even under his possession. Thus, it is breach of contract as well as unlawful act on the part of OP who deliberately mis-leaded the consumer.

Thus, OP is directed to refund Rs.7,93,000/- along with 12% interest from date of deposit till payment. We also award compensation of Rs.50,000/- for harassment inclusive of litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP 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 08.06.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER