Delhi

East Delhi

CC/429/2016

MAMTA BISHI - Complainant(s)

Versus

RIGHT REALTECH - Opp.Party(s)

11 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 429/16

 

Smt. Mamta Bisht

W/o Shri Manoj Singh Bisht

R/o Flat No. 1111, Desire Residency

Ahinsa Khand-II, Indirapuram

Ghaziabad – 201 014                                                   ….Complainant

 

Vs.    

 

1. M/s. Right Realtech Private Ltd.

86-B, Pocket-6, MIG Flats

Mayur Vihar Phase-III

Delhi – 110 096     

 

2. Mr. Rahul Gaur

Brys Group

305, Arunachal Building

19, Barakhamba Raod

Connaught Place,

New Delhi – 110 001                                                       …Opponents

 

Date of Institution: 19.08.2016

Judgement Reserved on: 11.05.2018

Judgement Passed on: 14.05.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Smt. Mamta Bisht against M/s. Right Realtech Pvt. Ltd. (OP-1) and Mr. Rahul Gaur (OP-2) under     Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant booked a flat with M/s. Right Realtech Pvt. Ltd. (OP-1) in their project ‘BRYS INDI HOMS’ in Greater Noida West, on the commitments and representations of Mr. Rahul Gaur (OP-2) by paying a sum of Rs. 1,00,000/- towards booking amount.  A registration form dated 03.10.2014 was executed between OP-1 and the complainant, which was signed by OP-2 on behalf of OP-1. 

            It was promised that the project was launched by the end of October 2014 or early November 2014, but even after 1.5 years, the project was neither launched nor any intimation was given to the complainant in this regard.  

            It was stated that the complainant wrote an email to OPs on 21.03.2015 which was not even acknowledged.  The complainant visited the site in December 2014, March 2015 and September 2015, but there was no sign of any construction happening there.  Hence, on 10.09.2015, the complainant wrote a letter to OP-2 for cancellation of his booking and seeking refund of Rs. 1,00,000/-

            It was further stated that even after having the notice dated 10.09.2015, the complainant made many attempts to resolve the dispute, but all in vain.  Hence, the complainant has prayed for directions to OPs to refund an amount of Rs. 1,00,000/- alongwith 24% interest and                Rs. 4,00,000/- compensation towards mental agony, trauma, exhaustion, harassment, embarrassment, pain and anguish caused to the complainant. 

3.         M/s. Right Realtech Pvt. Ltd. (OP-1) and Mr. Rahul Gaur (OP-2) did not appear inspite of notice; hence they were proceeded ex-parte.

4.         The complainant has filed evidence by way of affidavit where she has examined herself.  She has narrated the facts which have been stated in the complaint.   She has got exhibited documents such as copy of letter written by complainant dated 10.09.2015 (Ex.CW1/1),  emails of dated 21.3.2015, 06.06.2015, 14.03.2016, 19.03.2016, 06.04.2016 and 28.04.2016 (Ex.CW1/2), copy of brochure (Ex.CW1/3), copy of bank statement (Ex.CW1/4) and copy of registration form (Ex.CW1/5).

5.         We have heard the complainant and have perused the material placed on record.  From the documents placed on record, it is noticed that complainant booked a flat for which she deposited an amount of              Rs. 1,00,000/- towards booking amount.  This was a pre-launching booking.  Since, there was no site of construction, the complainant sought her booking cancelled and has made a request for refund of the amount.  Amount paid by her has been through HDFC bank and as per Ex.C-1/4 the payment has been made through cheque which has been shown in the statement of accounts of HDFC bank.  Ex.CW1/5 is a registration form showing the flat booked. 

            The fact that an amount of Rs. 1,00,000/- has been paid for booking the flat for which there was no construction at site, certainly, there has been deficiency on the part of M/s. Right Realtech Pvt. Ltd. (OP).  When there has been deficiency on the part of M/s. Right Realtech Pvt. Ltd. (OP), the complainant have suffered mental pain and agony for which she has to be compensated. 

            In view of the above, we order that M/s. Right Realtech Pvt. Ltd. (OP) shall refund an amount of Rs. 1,00,000/- with 9% interest from the date of filing of this complaint till its realization.  We further award a sum of Rs. 20,000/- on account of compensation which includes the cost of litigation.

            This order be complied within a period of 45 days.  If not complied, the amount of compensation of Rs. 20,000/- shall also carry 9% interest from the date of order. 

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member 

  

      (SUKHDEV SINGH)

             President