GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 491/2017
D.No._______________________ Dated: _______________
,,IN THE MATTER OF:
CHHATAR SINGH BAID,
S/o SH. BIRDHI CHAND BAID,
R/o B-231, LOK VIHAR, PITAM PURA,
DELHI-110034. … COMPLAINANT
Versus
M/s PAL INFRASTRUCTURE & DEVELOPERS PVT. LTD.,
(THROUGH ITS DIRECTOR),
B-45, SHAKTI APARTMENTS,
SEC.-9, ROHINI, DELHI-110085.
ALSO AT: THROUGH ITS DIRECTOR,
104, PAL TOWERS, M.G. ROAD, SIKANDERPUR,
GURUGRAM-122002 (HARYANA).
ALSO AT: THROUGH ITS DIRECTOR,
PAL TOWER, SIKANDERPUR MARKET,
3rd FLOOR, UPON IDBI-BANK,
GURU DRONA CHARYA METRO STATION,
HARYANA-122022. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 21.06.2017
Date of decision: 14.12.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP
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under section 12 of the Consumer Protection Act, 1986 therebyalleging that the agent/officer of OP visited the premises of the complainant in December-2006 and requested to book a flat/apartment in their upcoming project at Faridabad, Haryana and believing on the said representations, the complainant booked a flat/apartment measuring 1375 Sq. Ft. with OP, in the said project and the complainant accordingly paid Rs.3,50,000/- vide cheque no. 326381 dated 13.11.2006 drawn on Punjab National Bank as booking/registration amount and OP dulyacknowledged the application of the complainant and issued receipt no. T1946 dated 04.12.2006 vide reference no. 89/GUPTAJI/1106/3322125521951 duly signed and executed and the said cheque was duly encashed also. The complainant further alleged that OP promised to intimate the complainant soon regarding the allotment of the flat/apartment and the remaining amount towards the price of such flat/apartment was to be paid in further installments after intimating and since the date of booking of flat/apartment, OP did not intimate the complainant about the allotment of the flat/apartment despite several communications/visits made by the complainant and in this regard, the complainant approached OP several times but OP did not give any proper response in this matter nor disclosed the particulars of the flat/apartment till date. The
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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 interest @ 24% p.a. from the date of payment made to OP till its realization as well as compensation of Rs.3,00,000/- for causing mental agony and harassment and damages occurred to complainant due to false promises of OP and also sought Rs.25,000/- as litigation cost.
3. Notice was issued to OP through speed post for appearanceon 24.08.2017, 12.10.2017 & 16.03.2018. The complainantfiled copy of track reports which shows that OP refused/avoided to receive the notice. Further OP was served with notice by way of publication in the newspaper ‘Rashtriya Sahara’ dated 22.06.2018 for appearance on 20.07.2018.The complainant filed newspaper “Rashtriya Sahara” dated 22.06.2018 which shows that OP has been duly served. As none for OP appeared on 20.07.2018 and as such the OPwas proceeded ex-parte vide order dated 20.07.2018.
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. T1946 dated
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04.12.2006 of Rs.3,50,000/- issued by OP, copy of account ledger inquiry issued by PNB showing that amount of Rs.3,50,000/- was debited in the account of the complainant on 23.11.2006& copy of request for refund letter dated 24.11.2011 sent by the complainant to OP which was received by OP vide stamp of OP & signature of dealing official.
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. 23.11.2006 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.
iii) To pay an amount of Rs.10,000/- towards litigation cost.
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7. The above amount shall be paid by OP to the complainant within 30days 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 25/27 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 14thday of December, 2018.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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