Delhi

East Delhi

CC/298/2014

RAM KUMAR - Complainant(s)

Versus

S.P BAJAJ - Opp.Party(s)

24 Oct 2016

ORDER

              DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST Govt of NCT Delhi

               CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

                                                                                                       Consumer complaint no.    298/2014                                                                                                                                                  

                                                                                                       Date of Institution            26/03/2014

                                                                                                       Order reserved on            24/10/2016

                                                                                                       Date of Order                    26/10/2016                                                                                                                                                            

 

In matter of

Mr Ram Kumar adult

s/o  Sh Bhagat Prasad 

R/o-HN.- 5/151 Trilok puri

Delhi…110091 ……….……………………………………………..…………….Complainant                                                                   

                                                                             Vs

S P Bajaj, Director

& Ritesh Kumar,Manager

Shaurya Housing Ltd.

202, Elite House, 36 Zamrudpur Community Centre

Kailash Colony Extn

New Delhi 110048...…………..…………………………….………………….Respondents

 

Complainant’s Advocate………………………………………..Sh S K Tripathy

Opponent……………………………………………………………….Ex Parte

 

Quorum                                    Shri Sukhdev Singh     President

                                                   Dr P N Tiwari               Member

                                                   Mrs Harpreet Kaur    Member

                                                                                                      

                                                                                                      

Order by Dr P N Tiwari  Member : 

Brief Facts of the case                                                                                                   

Complainant booked a flat ‘O’ type category vide application no. SF-07021 measuring 285sq feet area under “Magic Homes scheme” of OP on 03/10/2010 situated at free hold land in Faridabad. Complainant paid total booking amount Rs 1,50,000/- with assurance from OP that the flat would be given possession in 30 months. So, he paid amount as Rs 10,000/- through cheque vide no. 496623 dated 03/02/2010 of SBI Trilokpuri, Delhi and OP issued the receipt no. SF-07021 marked as Ex CW1/A. He paid further amount Rs 40,000/- vide cheque no. 496626 on dated 28/04/2010 of SBI Trilok puri, Delhi and receipt no. SF/R-00678 marked as Ex CW1/B.

Then, he paid another part of booking amount Rs 50,000/- vide cheque no. 496629 dated 10/05/2010 drawn on SBI Trilok puri, Delhi and got receipt no. SF/B-00376 marked as Ex CW1/C. The balanced booking amount of Rs 50,000/- was paid by complainant on dated 15/05/2010 through cheque no. 496630 drawn on SBI Trilokpuri vide receipt no. SF/R-00729, marked as Ex CW1/D.

Complainant stated that he received information from OP that the marked area for which booking had been done was declared as Controlled area/Urban area by the Govt of Haryana under provisions of Controlled Area Act 1963 of Haryana Development and Regulations of Urban Area Act, 1975.  

So, OP would require some more time to take permission for Licence, CLU and sanctioning of building plan ete. for the development their project. OP also informed their customers /complainants that those who do not want to wait, can ask for cancellation of booking and their invested amount will be refunded as per the schedule given by the opponents. OP also asked for sending the cancellation application.

Complainant stated that he had paid a sum of Rs 1,50,000/- up to 15/05/2010. OP could not start their construction work till this time. As per the information, complainant gave an application for cancellation of flat his booking amount on 15/05/2010. He stated that OP had received his application and sent acknowledgment also marked as Ex CW1/E,F. But OP deliberately not refunding his booking amount and harassing him as he was an economically weaker person. So, he had also sent a legal notice on dated 18/02/2014 marked as Ex CW1/G.

So, complainant filed this complaint claiming refund of his booking amount with interest of 18% and harassment Rs one lac and litigation charges Rs 10,000/-

Notices were served but process received back from postal department with marked a“ refused to receive”. Till the date of arguments, none appeared from the side of OP nor filed their written statement or evidences. OPs were proceeded Ex Parte. Complainant filed his evidences on affidavit which were on record. Arguments heard and order was reserved.       

We have perused all the facts and evidences on record and it was evident that complainant had booked a flat and had paid its booking amount of a sum of Rs 1,50,000/-by 15/05/2010. It was assured by OP that the possession would be given on 30 months. As per OP information to complainant that their project for which booking was taken had been declared Controlled Area by Govt of Haryana under land acts and OP had also asked to wait till some time for completing land development process and construction. But, if their customer wish to take the refund, had to apply for refund and the amount paid, would be refunded as per the OP terms and conditions in 6 months of time as OP would arrange the amount and refund the same. But, complainant had sent a legal notice and filed this complaint much earlier than the process of OP could start.

By going through the Ex CW1/H, the intimation letter of OP stating they were ready to give possession of flat at alternative site also due to Govt declaring the free land as Urban area and thus their construction project was stopped. OP stated that they had stated the suitable location plan by May 2014. Still if complainant does not wish to wait, could take refund in 4-6 month, whereas, the complainant had filed this complaint on 26/03/2014.

We find that complainant could not prove the deficiency of OP by the facts available on record. So, there are no merit in this complaint and deserve to be dismissed, so dismissed without cost.

 

The order copy be sent to parties as per act and file be consigned to record room.

 

  Mrs Harpreet Kaur Member                                                                        Dr) P N Tiwari  Member                                                                   

                                       

                                                      Shri Sukhdev Singh  President