Haryana

Gurgaon

CC/398/2015

Ravindear kumar - Complainant(s)

Versus

M/s Sarv Awas Housing - Opp.Party(s)

Sh. M.S Yadav

17 Jun 2016

ORDER

                                         DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM, GURGAON-122001

                                                                                           Consumer Complaint No: 398 of 2015                                                                                                                                   Date of Institution: 03.08.2015                                                                                                                                                           Date of Decision:  17.06.2016

Ravinder Kumar s/o Shri Jagdish Prasad, R/o H.No. 97, Ashok Vihar, Phase-III, Extension Gali No.B-11/3, Behind Sr. Sec. School, Gurgaon-122001.

                                                                                                                                                                                                                         ……Complainant.

                                                Versus

M/s Sarv Awas Housing Bhiwadi (P) Ltd, 309-310, Udyog Vihar, Phase IV, Gurgaon, Haryana through its M.D./Proprietor/owner.

 

M/s Sarv Awas Group 914, ILD Trade Centre, Sohna Road, Near Subhash Chowk, Gurgaon, Haryana through its Director.

 

..Opposite parties

                                                                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                   SH.SURENDER SINGH BALYAN, MEMBER.

 

Present:        Shri Sunil Jogpal, Adv for the complainant.

                    OP-1  already given up.

                    OP-2 already exparte.

                   

 

ORDER       SUBHASH GOYAL, PRESIDENT.

The case of the complainant, in brief, is that he booked a flat with the OPs in their upcoming project namely “Aravali Gardens” Bhiwadi, Rajasthan. He agreed to purchase 2 BHK Flat of Unit/Tower No.2A-206 having 720 sq.ft. at second floor in July, 2013 and he deposited advance registration amount of Rs.1,30,000/- vide Cheque No. 070335 dated 22.07.2013 and Rs.2,00,000/- through Cheque No.070338 dated 27.02.2014 and Rs.1,90,000/- vide cheque No.070336 in favour of OP and Rs.35,000/-was also deposited by him with the OP i.e. a total sum of Rs.5,55,000/-. Allotment agreement was executed between the parties on 22.01.2014. However, the OPs failed to start the construction within 2 years as per their assurance. The complainant made several reminders to the OPs to deliver the possession of the above said flat but no action was taken by the OPs. Finally, the OPs refused to  start the construction and to hand over the possession of the flat or to refund its price. Thus, there was deficiency in service on the part of the opposite parties. The complainant prayed that the opposite parties be directed either to deliver the possession of the flat or to refund the amount of Rs.5,55,000/- with interest. He also sought compensation of Rs. 2 Lacs for harassment besides cost of litigation Rs.20,000/-.

2                 Notice of the complaint was given to the opposite parties. Later on complainant gave up OP-1 vide statement dated 14.03.2016. OP-2 failed to turn up despite service and thus was proceeded exparte vide order dated 14.10.2015.

3                 The complainant in his exparte evidence has produced Advance Registration Form Ex.C-1, copy of cheque of Rs.1,30,000/- (Ex.C-2),  Receipt No. 809 dated 29.07.2013 Ex.C-3), copy of receipt No.0178 dated 18.03.2014 for Rs.2 Lacs (Ex.C-4), Receipt Voucher No.1216 dated 20.09.2013 Ex.C-5 letter dated 22.04.2015 issued by OP Ex.C-6, cancellation letter dated 02.06.2015 Ex.C-7, 1st installment demand letter dated 06.03.2014 (Ex.C-8) letter dated 23.03.2015 written by complainant to OP  Ex.C-9 and allotment agreement dated 22.01.2014 Ex.10/Ex.C-11.

5.                We have heard the learned counsel for the complainant and have perused the record available on file.

6                 Therefore, from the facts and circumstances of the case and the exparte  evidence placed on file it emerges that the complainant has booked 2 BHK Flat with the OP in their  upcoming project “Aravali Gardens,” Bhiwadi, Rajasthan by submitting advance registration form Ex.C-1 and the OP acknowledged the receipt for advance registration vide acknowledgment receipt No. 809 dated 29.07.2013  (Ex.C-3). The complainant also deposited Rs.2,00,000/- vide Receipt No.0178 dated 18.03.2014 (Ex.C-4). He also deposited Rs.1,90,000/- vide Receipt Voucher No.1216 dated 20.09.2013 (Ex.C-5). The complainant also deposited Rs.35,000/- with the OP. the OP has issued 1st installment demand letter dated 06.03.2014 demanding Rs.15,576/- in which they have specifically mentioned that total received amount was Rs.5,55,000/-. Allotment agreement was also executed between the parties on 22.01.2014 (Ex.C-10). However, the OP failed to start the construction of the flat as per the  assurance made by the OP despite receipt of the above said amount and thus, he sought cancellation of the flat vide letter dated 02.06.2015 (Ex.C-7) on the assurance given by the OP vide their letter dated 22.04.2015 (Ex.C-6). The OP has issued letter dated 22.04.2015 (Ex.C-6)wherein  it  was mentioned as under:

“In case of any further delay post this, you may feel free to apply cancellation of your concerned units booked with us, we shall refund the full amount paid by you till date without any deduction for these units within 30 working days post cancellation applied.”

But the opposite parties failed to refund the amount due to the reasons best known to them. However, the evidence produced by the  complainant goes unrebutted as the opposite party failed to turn up before this Forum and thus was proceeded exparte and as such there is no reason to disbelieve the version of the complainant.

7                 Therefore, we hold that there was deficiency in service on the part of the opposite party No.2 and we direct OP-2 to refund Rs.5,55,000/- with interest @ 9 % p.a. from the date of filing of the present complaint i.e. 03.08.2015 till realization. The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.10,000/-. The OP-2 shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                                                             (Subhash Goyal)

17.06.2016                                                                                             President,

                                                                                                 District Consumer Disputes

                                                                                                   Redressal Forum, Gurgaon

 

(Jyoti Siwach)        (Surender Singh Balyan)

Member                 Member