Haryana

Gurgaon

CC/397/2015

Mukesh gupta - Complainant(s)

Versus

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

Sh. M.S Yadav

17 Jun 2016

ORDER

                                           DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM GURGAON-122001

                                                                                                                 Consumer Complaint No: 397 of 2015                                                                                                                             Date of Institution: 03.08.2015                                                                                                                                                        Date of Decision:  17.06.2016

Mukesh Gupta s/o Sh. Ghanchandas Gupta R/o Shyam Kunj, Near Maruti Kunj, Street No.3, Bhondsi, 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.2D-307 having 720 sq.ft. at third floor in July, 2013 and he deposited advance registration amount of Rs.1,00,000/- vide Cheque No.247161 dated 18.07.2013 and Rs.1,50,000/- through Cheque No.181075 dated 22.09.2013 in favour of the OP.  He also deposited Rs.65,000/- as earnest money. Allotment agreement was executed between the parties on 07.01.2014. 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.3,15,000/- 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, Receipt No.794 dated 19.07.2013 Ex.C-2, photocopy of cheque of Rs.1 Lac dated 18.07.2013 Ex.C-3, receipt voucher dated 21.09.2013 issued by OP (Ex.C-4), photocopy of cheque dated 22.09.2013 Ex.C-5, letter dated 22.04.2015 issued by OP Ex.C-6, cancellation letter dated 02.06.2015 Ex.C-7, letter dated 23.03.2015 Ex.C-8/Ex.C-12 and  allotment agreement Ex.C-10/Ex.C-11 and 1st installment demand letter dated 06.11.2013 (Ex.C-13).

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.794 dated 19.07.2013 (Ex.C-2). The complainant also deposited Rs.1,50,000/- vide Receipt No.1231 dated 21.09.2013 (Ex.C-4) The complainant also deposited Rs.65,000/- with the OP. Allotment agreement was also executed between the parties on 07.01.2014 (Ex.C-10). 1st installment demand letter dated 06.11.2013 was issued by the OP to the complainant demanding the amount of Rs.2,97,504/-  (Ex.C-13). 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-3)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.3,15,000/- 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