District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.138/2022.
Date of Institution: 09.03.2022.
Date of Order: 04.10.2022.
Kuldeep Upadhyay S/o Shri Sitaram Upadhyay, Address: G-1/23, third floor, South City 2, Sector-49, Gurugram, Haryana.
…….Complainant……..
Versus
Rajesh Bhardwaj (Director) RTS Infrastructure Private Limited Address: Office No. 400, 4th floor, SRS IT Tower, 14/5, Mathura Road, Faridabad, Haryana – 121003. Mobile No. 9212488438.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana…………Member.
PRESENT: Sh . Imran Khan, counsel for the complainant.
Opposite party ex-parte vide order dated 07.07.2022.
ORDER:
The facts in brief of the complaint are that by believing his offer as genuine and trusting on the Management of the company, complainant had applied to purchase a residential apartment having super area of 413.09 sq. feet, in the above project for a price or Rs.6,50,000/- inclusive of external development charges, infrastructure development charges, preferential location charges. The Accused had demanded from their clients an amount of Rs.1,70,000/- towards booking amount. The complainant had made following two payments against the above quoted demand, (a) Amount of Rs.70,000/- paid in accused account through banker cheque transfer from Central Bank of India dated 17.02.2015, cheque NO. 60428 which was credited in accused account ICICI bank a/c No. 008305010416, sEctor-16, Faridabad, Haryana. B) Amount Rs.1,00,000/- paid in accused account through banker cheque transfer from Central Bank of India dated 19.02.2015, cheque NO. 60427 which was credited in accused account ICICI Bank a/c. No. 008305010416, sEctor-16, Faridabad, Haryana. The accused company, the developer, had allotted to his client, apartment NO. TF-30, Third floor having super area of approx. 413.09 sq. ft. with an exclusive right to use of 1 car parking space in the complex style “Katyani Hill View Apartment” Type-A to be developed in Gothda Mohhabtabad, District Faridabad, for a sale price of Rs.6,50,000/-. Accused company had agreed to sell and transfer the apartment to the allottee and complainant had agreed to purchase the apartment. As per clause 3(a) of the agreement accused had offered to handover the possession of the apartment within 24 months from the date of signing of the agreement. As per the terms of agreement, the due date for handing over the possession of the apartment wa son 10th Feb. 2017. The accused had not offered the possession of the property till today & accused had violated the Real estate (Regulation and Development) act, 2016, On 24.03.2021, his complainant Mr. Kuldeep Upadhyay had informed accused through email that accused had delayed the registry of above mentioned property and requested accused to refund the deposited amount or do the registry and take the balance amount. The accused had not inclined to accept the request of complainant and repeatedly demanded interest for the delay payment form complainant. Accused were not ready to accept the request of complainant to either refund the deposited amount or do the registry immediately. The complainant sent legal notice dated 12.02.2022 to the opposite party but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) allow the actual amount of Rs.1,70,000/- alongwith interest 18% annually as per from the actual date of payment made to the accused.
b) pay Rs. 2,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 45,000 /-as litigation expenses.
2. Notice issued to opposite party not received back either served or unserved. Tracking details filed in which it had been mentioned that ”Item delivery confirmed”. Mandatory period of 30 days expired. Hence, opposite party was hereby proceeded against ex-parte vide order dated 07.07.2022.
3. The complainant led evidence in support of his respective version.
4. We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–Rajesh Bhardwaj (Director) RTS Infrastructure Private Limited. with the prayer to: a) allow the actual amount of Rs.1,70,000/- alongwith interest 18% annually as per from the actual date of payment made to the accused. b) pay Rs. 2,00,000/- as compensation for causing mental agony and harassment .c) pay Rs. 45,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.OW1/A – affidavit of Kuldeep Upadhyay, Ex.PW-2/A - Certificate u/s 65 (B) of Indian Evidence etc,, Mark-1 - Receipt, Mark -2(8-11) statement of account from 31.01.2015 to 30.03.2015, Mark-3 email dated March 23,2021,
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed against opposite party.
7. Opposite party is directed to:
a) pay Rs.1,70,000/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization.
b) pay Rs.2200/- as compensation for causing mental agony & harassment.
c) pay Rs.2200/- as litigation expenses to the complainant.
Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 04.10.2022. (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
