Haryana

Sonipat

CC/210/2015

Dr. Vipin Khatkar S/o D.R. Khatkar - Complainant(s)

Versus

Parasvnath Developers Ltd. - Opp.Party(s)

Virender Nain

02 Jul 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

                                Complaint No.210 of 2015.

                                Instituted on:02.07.2015.

                                Date of order:19.08.2015

 

 

Dr Vipin Khatkar son  of D.R. Khatkar, r/o A-205, Parsvnath City, Sector 8, GT road, Sonepat.

 

..Complainant.

 

                        VERSUS

 

1.M/s Parsvnath Developers Ltd., 6^th Floor, Arunachal Building, 19 Barakhamba road, New Delhi-01 also at Parsvnath Developers Ltd., Parsvnath Metro Tower, near Shahdara Metro Station, Shahdara, Delhi-32.

2.M/s Marksmen Facilities Ltd., Metro Tower, near Shahdara Metro Station, Shahdara, Delhi-32.

 

                                             ..Respondents

 

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Virender Nain Adv. for complainant.

           Respondents ex-parte.

 

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

        D.V.RATHI, MEMBER.

 

O R D E R

 

                        Complainant has filed the present complaint against the respondents alleging himself to be the owner of house no.A-205 Parsvnath City, Sonepat. Conveyance deed was executed on 21.8.2009  and the complainant has deposited all the amount including club membership charges of Rs.50,000/-  alongwith service tax of Rs.6180/.  Underground electricity cable have not been laid in all the colony. There is no facility of club in the city.  There is no schooling facility. There is no market to purchase the daily needs articles.   The villa nearby the complainant’s house are lying without boundary, doors and are in a very shabby condition, whereas the complainant has already paid all the external and internal development charges.  The director Town and Country Planning Chandigarh has cancelled the licence of the company of Sector 8, A block, Parsvnath City, Sonepat due to anomalies and deficiency in service.  The respondents have rendered deficient services to the complainant. So, the complainant has come to this Forum and has filed the present complaint.

2.         Notice to the respondents was issued through registered post, but when none has appeared on behalf of the respondents, the respondents were proceeded against ex-parte vide order dated 7.8.2015.

3.         We have heard the ex-parte arguments of the ld. Counsel for the complainant and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the complainant has submitted that no dues are pending towards the complainant as per schedule and agreement with the respondents but the respondents have not provided the required infrastructure and services and that amounts to a grave deficiency in service on the part of the respondents.

          The complainant has placed on record the report dated 8.7.2015 (Ex.C7) issued by the UHBVN to prove that sufficient electricity energy voltage is not being supplied by the respondents. Accordingly, we hereby direct the respondents  to install sub station for providing sufficient electricity voltage energy to the consumers.

          Ld. Counsel for the complainant has also argued that the respondents have not constructed the club for the residents of the Parsvnath City, Sonepat.  In our view, when the respondents have not constructed the club charges, they have no right to retain the amount charged under the head of club charges. Thus, we hereby direct the respondents to refund the amount of club charges to the complainant alongwith interest at the rate of 09% per annum from the date of its deposit till realization. However, as and when the club is constructed, the respondents can demand the amount under the head of club charges from the complainant.

          In the present case, the respondents were given opportunity to come present before this Forum and to defend the present complaint.  But the respondents instead of appearing before this Forum has chosen to proceed themselves ex-parte.  Accordingly, we hereby direct the respondents to compensate the complainant to the tune of Rs.25,000/- (Rs.twenty five thousands) for rendering deficient services, for harassment and under the head of litigation expenses.

          With these observations, findings and directions, the present complaint stands allowed ex-parte.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

 

(Prabha Wati Member) (DV Rathi Member)     (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF Sonepat         DCDRF, Sonepat.

Announced:  19.08.2015