Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 27.
Instituted on : 15.01.2019.
Decided on : 06.08.2019.
Shakuntala Devi w/o Sh. Virender Singh R/o H.No.187/10, Vasant Vihar, Sonepat Road, Rohtak.
………..Complainant.
Vs.
- One City Infrastructure Private Limited, Registered office at 8-D, Hansalya, 15 Barakhamba Road, New Delhi-110001 through its Director Sunil Kumar Jian, DIN No.00115171 CIN No.U70101DL2005PTC136628. Email:
- One Point Realty Private Limited, Registered office at 8-D, Hansalya, 15 Barakhamba Road, New Delhi-110001 through its Director Sunil Kumar Jian, DIN No.00115171 CIN No.U70101DL2005PTC137209, having local office at One City, Sector-37, Rohtak.
- Udit Jain, DIN-03448643, Director, One City Infrastructure Private Limited, Registered office at 8-D, Hansalya, 15 Barakhamba Road, New Delhi-110001, R/o C-479, Defence Colony, Delhi-110024, having local office at One City, Sector-37, Rohtak.
- Sumit Surjewala, DIN-00942740, Director, One Point Realty Private Limited, Registered Office at 8-D, Hansalya, 15 Barakhamba Road, New Delhi-110001, having local office at One City, Sector-37, Rohtak.
- Dipika Jain DIN-01158927, Director, One Point Realty Private Limited, Registered Office at 8-D, Hansalya, 15 Barakhamba Road, New Delhi-110001, having local office at One City, Sector-37, Rohtak.
- Sanjay Hasija, DIN-00090672, Director, One Point Realty Private Limited, Registered Office at 8-D, Hansalya, 15 Barakhamba Road, New Delhi-110001, having local office at One City, Sector-37, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
Present: Sh.Parveen Kumar, Advocate for the complainant.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant had applied for allotment of a plot in the residential project named “One City” launched by opposite parties in Sector-37, Rothak and offer of allotment was made by the opposite parties to the complainant vide letter dated 08.04.2010 for allotment of plot no.D-19, admeasuring 300.00Sq. yards for an aggregate sum of Rs.1635000/-. That opposite party promised to develop the project within three years. The plot was allotted to the complainant under development linked installment plan and the complainant has made payment of an aggregate amount of Rs.1206750/- to the opposite parties during the year 2010. That booking was made by opposite party No.1 company and later transferred to its sister company opposite party No.2. Opposite party No.3 to 6 are directors of the opposite party No.1 and are actively engaged in day to day functioning of opposite party No.1 and 2. That 75% amount was paid before the development work on the residential project was started and the remaining amount was to be paid after completion of all the development works and amenities as promised and handing over actual physical possession of the plot to the complainant. But the opposite parties failed to develop the project and offer actual physical possession of the plot allotted to the complainant. That complainant requested the opposite parties to refund the amount paid by the complainant alongwith interest in the month of August 2018 but opposite parties failed to fulfill their commitment and the amount has not been refunded to the complainant till date. That the act of opposite parties is illegal and there is deficiency in service on their part. As such, it is prayed that the opposite parties may kindly be directed to refund the amount of Rs.1206750/- alongwith interest, compensation and litigation expenses to the complainant, as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties No.1 to 6 failed to appear before the Forum despite due service and were proceeded against exparte vide order dated 01.03.2019 of this Forum.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and has closed his evidence on dated 05.04.2019.
4. We have heard learned counsel for the complainant and have gone through the material aspects of the case very carefully.
5. Perusal of demand letter dated 31.07.2012 placed on record as Ex.C2, issued by the opposite party reveals that the opposite parties have demanded an amount of Rs.1162713/- and the amount paid by the complainant is shown as Rs.1206750/-. The contention of the complainant is that 75% amount was paid before the development work on the residential project was started and the remaining amount was to be paid after completion of all the development works and amenities as promised and handing over actual physical possession of the plot to the complainant. But opposite parties failed to develop the project and offer actual physical possession of the plot allotted to the complainant. Hence the complainant requested the opposite parties to refund the amount but the same was not refunded to the complainant.
6. After going through the file and hearing the parties, it is observed that complainant has already paid an amount of Rs.1206750/- upto 01.10.2010 to the opposite parties. But the opposite parties failed to develop the project and offer actual physical possession of the plot to the complainant as per their commitment and had demanded the remaining amount from the complainant. It is also on record that opposite parties did not appear despite service and were proceeded against exparte vide order dated 01.03.2019 of this Forum. They also moved an application for joining the proceeding but the same was dismissed vide order dated 25.07.2019 of this Forum, in terms of the law relied upon by Ld. counsel for the complainant laid down by Hon’ble Supreme Court in Civil Appeal No.4307 of 2007 titled as Rajiv Hitendra Pathak & Others Vs. Achyut Kashinath Karekar & Another, decided on 19.08.2011. However, neither any terms & conditions, nor any document has been placed on record by the opposite parties to prove that opposite parties have completed the development work at the site before demanding the remaining amount from the complainant, which amounts to deficiency in service.
7. In view of the facts and circumstances of the case, complaint is allowed and it is directed that opposite parties shall jointly & severally refund the amount of Rs.1206750/-(Rupees twelve lac six thousand seven hundred fifty only) and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and litigation expenses to the complainant within one month from the date of decision, failing opposite parties shall be liable to pay interest @ 9% p.a. on the awarded amount from the date of deposit till its actual realization.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
06.08.2019.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
