DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.274/2015
1. Sh. Anil Kumar Arora
S/o Sh. Som Nath Arora
R/o 248-C, Pocket-I, Mayur Vihar-I,
Delhi-110091
2. Sh. Gulshan Miglani
S/o Late Sh. Chaman Lal Miglani
R/o 478, Jheel Khuranja,
Delhi-110051 ….Complainants
Versus
M/s Orior Developers & Infrastructure Pvt. Ltd.
through its Chairman,
Regd. Office: A-75, Aya Nagar, Phase-I,
New Delhi-110047
Also at:
416, AKD Tower,
3rd Floor, behind HUDA Office,
Sector-14, Gurgaon, Haryana …. Opposite party
Date of Institution 30.09.15 Date of Order : 24.12.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
Case of the Complainants, in nutshell, is that Sh. Som Nath Arora, father of the Complainant No.1 and Sh. Gulshan Miglani, Complainant No.2 booked two plots in the project known as “Bhaskar Enclave-II, Jaipur” of OP and they were allotted plot No.269C and 270C respectively and they made the entire payment. However, at the time of paying the last installment, the father of the Complainant No.1 transferred his plot in the name of the Complainant No.1 with OP’s permission and by executing the necessary documents. Thereafter, the Complainant No.1 filled in form for obtaining “JDA Patta” in his own name on 11.08.13; that the Complainant No.2 also completed the formalities for “JDA Patta” by filing the form etc. and it was understanding between the parties that the OP shall get the same done from Jaipur Development Authority within a maximum period of 6 months. However, the OP failed to do the needful for almost two years. Hence, a legal notice was sent to the OP but to no effect. Hence, pleading deficiency in service on the part of OP the Complainants have filed the present complaint for the following prayers:-
- Direct the OP to expedite the procedure of obtaining the “JDA Patta” and obtain it from the Jaipur Deployment Authority within 4 weeks.
- Direct the OP to pay Rs.1,00,000/- as compensation for the mental and physical harassment suffered by the complainants and to cover the expenses spend on pursuing this complaint.
In the reply, OP has stated as under:-
“1. That the respondent/s are ready to settle the matter with the petitioners as under:
(a) The petitioners can complete their formalities pending for the regularization of their plot and we can get their khatedari patta done for them and hand it over to them on or before 30th June 2016.
(b) The petitioners can surrender their plot back the company and we shall pay them their money back with 12% simple interest from the dates of their payments received till the realization dates.”
OP thereafter has been proceeded exparte.
Both the complainants have filed their affidavits in evidence. However, they have not marked the Exhibit Nos. on the documents as per the Exhibit Nos. given to them in their affidavits.
We have heard the arguments on behalf of the Complainants and have also very carefully gone through the record.
In its reply, the OP has not denied the averments made in the complaint. Therefore, on the basis of the admission made by the OP, the complaint can straightaway be allowed. Hence, we hold that while getting the “JDA Patta” done in the names of the Complainants in respect of the above stated two plots the OP has committed deficiency in service.
In view of the above discussion, we allow the complaint and direct OP to obtain the JDA Patta in respect of the plots No.269-C & 270C in the names of the complainants No.1 & 2 and to pay Rs.10,000/- as compensation for causing mental agony and harassment to the complainants including cost of litigation within a period of 45 days of receipt of copy of this order failing which OP shall become liable to pay interest @ Rs.9% per annum on the above said amount of Rs.10,000/- from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 24.12.16.
