Delhi

New Delhi

CC/1004/2012

Rajesh Chandra Variya - Complainant(s)

Versus

M/S. Vian Infrastructure Ltd. - Opp.Party(s)

02 Jul 2016

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

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

 NEW DELHI-110001

 

Case No.C.C./1004/2012                                                                                                          Dated:

In the matter of:

RAJESH CHANDRA VARIYA

S/o Sh. Kishan Singh,

R/o H.No. 7/16, NaglaTeja,

Shahganj,

Agra-282004 (U.P.)

        ……..COMPLAINANT

VERSUS

1.     M/S. VIAN INFRASTRUCTURE LTD.

        14^th Floor, Vijaya Building,

        Barakhamba Road,

        New Delhi-110001

 

2.     MR. SURYA THAPAR

        Chairman & Director,

        M/s. Vian Infrastructure Ltd.,

        14^th Floor, Vijaya Building,

        Barakhamba Road,

        New Delhi-110001

               .... OPPOSITE PARTIES

 

 

MEMBER: NIPUR  CHANDNA

ORDER

Complainant booked one plot admeasuring approx 500 sq. yards at Vian Royal Estate, Palwal Khurja Marg Kasba Jevar, UP with the OPs and paid booking amount of Rs. 47,500/- vide cheque dated 2/11/07 which was duly acknowledged by the  OPs vide receipt No. 427  dated 22/11/07.

It is stated by the complainant that Plot Buyers Agreement dated 11/2/08 was executed between him and the OPs.

        It is alleged by the complainant that he had paid second installment to the OPs for a sum of Rs. 95,000/-  to the OPs on account of installment  vide two cheques dated 28/12/07 and 4/2/08 respectively.

It is further alleged by the complainant that he paid 31 installments of Rs. 7197/- each to the OPs by way of cheques, and the same was duly acknowledged by the OPs.

        It is alleged by the complainant that as per the agreement he made all the payment to the OPs.  It is further alleged by the complainant that he visited at the site and found that there was no plot on the site, he also visited the office of the OPs to know the factual position of the existence of the plot in question, but he could not found any representative of the OPs at its office, despite several visit.

It is alleged by the complainant that he came to know that OPs committed fraud not only upon him but with the other customers also and as such he lodged a complaint with Economic Offences Wing, Mandir Marg, New Delhi on 10/9/12, but no action has been taken against the OPs by EOW. (Economic Offence Wing, Delhi)

        It is alleged by the complainant he paid total sum of Rs. 4,60,607/- to the OPs upto November 2010. But till today OPs have neither refunded the money as per the agreement nor have allotted the possession of the plot.  Hence, this complaint. 

        Notice of the complaint was sent to the OPs through Reg. AD Post for 1/5/13. Dasti Notice was also served to the Ops. Since none appeared on behalf of OPs, they were ordered to be proceeded with ex-parte.

Complainant has filed his evidence by way of affidavit, wherein he has corroborated the contents of the complaint.

        We have heard ex-parte arguments advanced at bar and have persued the record.

        Ld. Counsel for the complainant has placed on record, the copy of Land/Plot Buyers & Seller Agreement, copies of the receipt issued by the OPs against the payment received by them and the copy of written complaint filed before Economic Offence Wing, Delhi dated 11/9/12 in support of his case.

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 documents attached with the complaint make it clear that the complainant had deposited the amount as per the agreement dated 11/2/08 with the OPs well in time and it is the OPs who had failed to perform their part of contract.

By not giving possession of the promised plot and not providing the refund of the amount deposited by the complainant as per Plot Buyers Agreement dated 11/2/08, OPs are liable for deficiency in service.

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

1.  Pay to the complainant a sum of Rs. 4,60,607/- alongwith simple interest @12% p.a. from the date of filing of complaint till payment, and
2.  Pay to the complainant a sum of Rs. 50,000/- for mental agony suffered by him.
3. Pay to the complainant a sum of Rs. 10,000/- as 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 OPs 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. 60,000/–. 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 ........................

 

 

(S K SARVARIA)

 PRESIDENT

 

 

 

                                          (H M VYAS)                                     (NIPUR CHANDNA)

                                             MEMBER                                                  MEMBER