Delhi

West Delhi

CC/16/31

NANAK CHAND - Complainant(s)

Versus

RAGHAV BUILDERS - Opp.Party(s)

26 Nov 2016

ORDER

 

 

 

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

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

 

                                          

 

                                                                                                                 Date of institution          :08.01.16

Complaint Case No.31-16                                                                       Date of order        : 26.11.16

            In the matter of :

NANAK CHAND

WZ-91A, TITARPUR,

TAGORE GARDEN,

NEW DELHI-110027                                                                                                                                                                                                                            COMPLAINANT

Vs.

RAGHAV BUILDERS

FC-36, SHIVAJI ENCLAVE,

NEW DELHI-110027                                                                   RESPONDENT

 

 

(R.S. BAGRI, PRESIDENT)

O R D E R     

Briefly version of Nanak Chand herein complainant named above is that on 8/11/13 he entered into an agreement with OP for construction of four story house with parking and in liew thereof the OP was entitled for second floor of the house after completion of the complete construction work. The OP without completion of the construction of the house got second floor of the house transferred in his name. The OP did not install chimney in any kitchen did not provide double almira on any of the floors and six doors of iron net on any floor latterine and bathroom are  also not completed on the top floor. The complainant several times requested the OP to complete the construction work but  in vein. Hence, the present complaint for directions to the OP to complete the construction work of all the four floors and pay a sum of Rs 3,00,000/- as compensation for mental and physical pain and agony.

 

Notice of the Complaint was sent to the OP. But despite service, none appeared on behalf of OP. Therefore, OP was proceeded against ex-parte vide order dated 18.03.2016.

When the Complainant was asked to file affidavit and documents in support of the complaint, he filed his affidavit dated 6/7/16, wherein he once again reiterated facts of the Complaint and asserted that the OP has failed to construct  house as per the agreement dated 8/11/13. The Complainant also relied upon photocopy of the agreement dated 8/11/13.

We have heard the Complainant in person and have perused file carefully and thoroughly.

The version of the Complainant has remained unrebutted and  unchallenged,  Therefore, there is no reason the disbelieve the unrebutted and unchallenged affidavit and documents of the Complainant . From the Complaint, affidavit and agreement it reveals that the Complainant on 8/11/13 entered into an agreement with OP for construction of his house but he did not construct the house as per the agreement . Therefore, there is unfair trade practise and deficiency in service on the part of OP.

Therefore, we direct the OP to complete construction of the house of the complainant as per the agreement dated 8/11/13 within 90 days from receipt of copy of this order and pay a compensation of Rs 50,000/- for mental and physical pain , agony and sufferings.

Order pronounced on   : 26.11.2016

• Compliance of the order be made within 90 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)                                                 (URMILA GUPTA)                                      ( R.S.  BAGRI )

     MEMBER                                                    MEMBER                                                     PRESIDENT