DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1019/2014
D.No._______________________ Dated: _______________
,,IN THE MATTER OF:
JOGESH GROVER,
S/o LATE SH. ATAM PRAKASH GROVER,
R/o N-167, PANCHSHEEL PARK,
NEW DELHI-110017. … COMPLAINANT
Versus
M/s PAL INFRASTRUCTURE & DEVELOPERS PVT. LTD.,
THROUGH SH. MANAV CHANDRA&
SH. RAJESH KUMAR-DIRECTORS,
HAVING ITS CORPORATE OFFICE AT: PAL TOWER,
3RD FLOOR, NEAR METRO PILLAR No-53,
SIKANDERPUR, M.G. ROAD, ABOVE IDBI BANK,
GURGAON-122002 (HARYANA).
ALSO AT: B-45, SHAKTI APARTMENTS,
SEC.-9, ROHINI, DELHI-110085. … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 01.09.2014
Date of decision: 04.07.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under section 12 of the Consumer Protection Act, 1986 thereby
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alleging that OP approached the complainant and induced the complainant to apply for provisional registration of residential villa in OP’s upcoming project proposed to be built at Sec.-89, Faridabad, Haryana and the complainant applied for provisional registration of a residential villa comprising area of 1,200 Sq. Ft. @ Rs.2,000/- per Sq. Ft. in the year-2007 in OP’s upcoming project proposed to be built at above said address and accordingly the complainant paid a sum of Rs.3,50,000/- vide cheque bearing no.797701 dated 16.02.2007 drawn on Bank of Punjab Ltd., New Delhi and OP issued a receipt no. AB2246 dated 09.03.2007 bearing reference no. VILLA/ASTRA0307/2507151858433 in favour of the complainant thereby acknowledging the receipt of the sum of Rs.3,50,000/- towards the booking/registration amount. The complainant further alleged that after expiry of a period of more than 7 years, no substantial development work and no allotment for the above said upcoming project proposed to be built has been undertaken/provided by OP at the said site and the complainant was induced to apply for provisional registration of residential villa comprising area 1,200 Sq. Ft. @ Rs.2,000/- per Sq. Ft. and to part with said sum of Rs.3,50,000/- in view of OP representations to the effect that OP has legally acquired/purchased the land over which the super structure is to be built and that OP has a perfect title over
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the said land and immediately on receipt of the booking amount, OP will provide the allotment and commence the construction activity at the said site. The complainant further alleged that the complainant was interested in paying further installment to OP as the complainant was financially sound to pay further installments for the above said project to OP and the complainant wrote a letter to OP regarding the refund of invested amount i.e. Rs.3,50,000/- alongwith interest in OP’s upcoming project proposed to be built at above said address as OP has failed to provide allotment of the above said project till date which was duly acknowledged and stamped by one of the representative of OP on 27.10.2010. The complainant further alleged that the complainant came to know about criminal case pending against OP whereby the complainant filed a criminal complaint against OP in FIR no. 98/2013 with Economic Offence Wing, Mandir Marg Complex, New Delhi vide dairy no. D-4581 dated 01.08.2014. On 27.10.2010, the complainant sent a letter regarding the request for refund of Rs.3,50,000/- on the pretext that the complainant has not been allotted a villa in the said project after repeated conversations with OP as OP failed to provide the allotment of a villa to the complainant and the legal demand notice on 02.08.2014 was duly sent to OP to OP by way of speed post however inspite of receiving
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the same, OP refused to accept the legal notice at Corporate office with remarks ‘refused’ and at Regd. office with remarks ‘left’ and OP neither sent any reply to the same nor OP refunded the booking amount nor paid any compensation amount to the complainant. The complainant further alleged that there is unfair trade practice and deficiency in service on the part of OP and OP has cheated the complainant.
2. On these allegations the complainant has filed the present complaint praying for direction to the OP to refund amount of Rs.3,50,000/- alongwith pendente-lite and future interest @ 24% p.a. from the date of deposit of amount i.e. 09.03.2007 till the date of payment as well as compensation of Rs.1,50,000/- for causing mental agony and harassment and damages occurred to complainant due to false promises of OP and also sought the litigation cost.
3. Notice was issued to OP through speed post for the appearanceon 14.10.2014 & 08.01.2015. The notice was served to OP on 15.09.2014 and despite that as none for OP appeared and as such the OPwas proceeded ex-parte vide order dated 23.02.2015.
4. In order to prove his case the complainant filedhis affidavit in evidence and also filed written arguments. The complainant placedon record copy of acknowledgement cum receipt no. AB2246 dated
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09.03.2007, copy of letter dated 27.10.2010 sent by the complainant to OP, copy of complaint dated 01.08.2014 written by the complainant to DCP, Crime Branch, New Delhi and copy of legal notice dated 02.08.2014 sent by the complainant through his counsel to OP by speed post alongwith postal receipts & tracking report.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant.The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of thecomplainant. It appears that even after receiving noticeof this case from this Forum, OP has kept mum and has notbothered to answer the case of the complainant. It seems that OP has no defence at all. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
6.Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.3,50,000/- deposited with the OP alongwith interest @ 10% from the date of deposit i.e. 09.03.2007 till the date of this order.
ii) To pay to the complainant an amount of Rs.50,000/- ascompensation towards mental agony and harassment caused to the complainant.
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iii) To pay an amount of Rs.10,000/- towards litigation cost.
7. The above amount shall be paid by OP to the complainant within 30 days from the date ofreceiving copy of this orderfailing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order tillpayment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 4thday of July, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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