Delhi

West Delhi

CC/15/101

Jamuna Prasad - Complainant(s)

Versus

Pankaj Arora - Opp.Party(s)

05 Aug 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                            GOVERNMENT OF NCT OF DELHI

  150-151 Community Centre C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                             Date of institution: 12.02.2015

Complaint Case. No.101/15                                                                  Date of order: 05.08.2017

IN  MATTER OF

Jamna Prasad R/O C-575 Budh Nagar, InderPuri, New Delhi-110012                                                                                                                                                                                                                                                                                                                                                            Complainant

VERSUS

PankajArora S/O N.K. Arora, office address: Decent Infraprojects Pvt. Ltd., 46/08, 1^st Floor, Ashok Nagar VaidikMarg, Jail Road, New Delhi-110018

Home Address: PankajArora S/O N.K. Arora, CC-43C, 1^st Floor, LIG Flats Hari Nagar, New Delhi-110064                                                                                                        

Opposite party

                                                                                               

 

ORDER

 

R.S. BAGRI,PRESIDENT

              ShriJamnaprasad named above herein the complainant has filed the present consumer complaint against ShriPankajArora herein after referred as the opposite party stating that the complainant on 17.12.2012 booked a plot measuring 100sq.yds.in Shiv Vatika project of the opposite party situated at Delhi-Jaipur Highway,NeemaranaPota, Shahpura NH-08, Rajasthan @ Rs.1552/- per sq. yd.on payment of Rs.15,525/- vide receipt no.1072. The remaining sale price was to be paid in 24 equalmonthly installments of Rs.58,21/-. The complainant paid five monthly installments and asked the opposite party to show site and status of the Plot and the project. Thereupon the opposite party asked the complainant to pay 2-3 more installments. The complainant several times visited the opposite party to enquire about status of his plot and the project. But the opposite party was not available and his employees did not entertain him. Hence the present complaint for directions to the opposite party to pay double amount of the cost of the plot and compensation.

              Notice of the complaint was sent to the opposite party. But despite service none appeared on behalf of the opposite party. Therefore, the opposite party was proceeded ex-parte vide order dated 21.12.2015.

              When ShriJamna Prasadcomplainant was asked to lead evidence in support of his complaint he tendered his affidavit narrating facts of the complaint. The complainant also relied upon copy letter dated 17.12.2012,copy ofapplication formfor provisional registration of the plot,copy of chequesand acknowledgement receipts dated 17.12.2012, 23.01.2013, 17.02.2013,26.03.2013,26.04.2013 and 25.06.2013.

From the perusal of the letter dated 17.12.2012 and acknowledgement receipts dated 17.12.2012, 23.01.2013, 17.02.2013, 26.03.2013, 26.04.2013 and 25.06.2013it reveals that the complainant paid Rs. 15,525/- towards registration of a plot measuring 100sq. yds. @ 1552/- per sq. yd. to the opposite party. The remaining amount was to be paid in monthly installment of Rs.58,21/-. The complainant has already paid a sum of Rs.29,105/- to the opposite party.

    The version of the complainant has remainedunrebutted and unchallenged. Therefore, there is no reason to disbelieve the unrebutted and unchallenged version and evidence of the complainant. The complainant from the unrebutted and unchallenged version and evidence has been able to prove that the complainant on 17.12.2012 booked a plot measuring 100sq.yds. in Shiv Vatika project of the opposite party situated at Delhi-Jaipur Highway,NeemaranaPota, Shahpura NH-08, Rajasthan @  Rs.1552/- per sq yd. on payment of Rs. 15,525/-. The remaining sale price was to be paid in equal 24 monthly installments of Rs.5,821/-. The complainant paid Rs.29,105/- of five monthly installments and asked the opposite party to show site and status of the Plot and the project.But the opposite party failed to show land and status of the plot to the complainant despite repeated requests. The complainant several times visited office of the opposite partyand requested him to show land of the project and status of the plot. But the opposite party on one pretext or the anotherfailed to show land of the project and status of the project and hand over possession of the plot.Hence the opposite party adopted unfair trade practice and there is deficiency in service on the part of the opposite party. Therefore, theopposite party is liable to refund the amount received from the complainant and pay compensation for mental agony, pain and harassment.

In light of the above discussion and observationsthe complaint succeeds and is allowed.Theopposite party is directed to refund Rs.44,630/-(Rs.15,525/- registration fee + Rs.29,105/- five installments)with interest @ 9% per annum from the date of filing of the complaint till actual realization of the amount and pay compensation ofRs.20,000/- for mental agony, pain and harassment and litigation expenses.

Order pronounced on :05.08.2017

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                                                                                      (R.S.  BAGRI)                            MEMBER                                                                                                       PRESIDENT