Delhi

East Delhi

CC/58/2014

SUKHPAL SINGH - Complainant(s)

Versus

S.P BAJAJ - Opp.Party(s)

30 Jan 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                                                CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

 

CC NO.58/2014
IN THE MATTER OF:

 

SH. SUKHPAL SINGH,

S/O SH. BHAGWAN SHAH,

R/O 7/44-B, YUDHISTER GALI,

VISHWAS NAGAR, SHAHDARA,

DELHI-110032

 

Complainant

 

 

Vs

 

 

1. S.P. BAJAJ

DIRECTOR

 

2. RITESH KUMAR/MANAGER

SHAURYA HOUSING LIMITED

202,ELITE HOUSE

36, ZAMRUDPUR COMMUNITY CENTRE,

KAILASH COLONY EXTENSION

NEW DELHI-110048   

                        

Opposite Parties

 

 

                                                                                      Date of Admission - 30/01/2014

                                                                                    Date of Order          - 22/01/2016

ORDER

SH. N. A. ZAIDI, PRESIDENT

This complaint has been filed with the allegation that the Complainant booked a flat on 25/01/2010, measuring 690 sq ft in “Magic Homes Scheme” and paid the sum of Rs.1,61,150/- through cheque of which the details has been given in Para-2 of the complaint. It was assured by the Respondent that soon possession will be handed over to the Complainant, since it was not constructed. Complainant sought for cancellation. The Respondent agreed to refund the booking amount as per the refund scheme in four installments. They have not refunded the amount so far. The Complainant has prayed direction to the Respondent to pay Rs.1,61,150/-, compensation of Rs.1,00,000/- and litigation charges.

            Respondent were served sufficiently through speed post, no written statement filed case proceeded ex_parte.

            Complainant has placed on record the letter written by the Respondent dated 24/03/2014, wherein the delay in the project has been admitted. In this letter this has been acknowledged that on account of delay the Complainant cancellation has prayed for/and they will be in position to refund the amount after 6 months. They also wrote a letter dated 06/09/2013 wherein they have assured they will refund the total amount in four installments but there is no proof that they refunded any amount. The Affidavit of the Complainant filed in support of the complaint is uncontroverted. The self admission of the Respondent regarding the deposit of the amount and their willingness to pay installments shows that the Respondent have been deficient in providing the services to the Complainant as agreed.

            We allow this Complaint. The Respondent is directed to refund to the Complainant the total sum of Rs.1,61,150/- with 9% interest thereon from the date of the deposit till it is finally paid. We further award the compensation of Rs.50,000/- on account of unfair trade practice adopted by the Respondent, and for mental pain, agony harassment of the Complainant. This shall also include the cost of litigation. If this amount not paid within 45 days from the date of the order the Complainant shall be entitled for 9% interest on the amount of compensation from the date of the order till it is finally paid.  

 

Copy of this order be provided to both the parties.

 

 

 

(DR.P.N.TIWARI)                        (POONAM MALHOTRA)                                (N.A.ZAIDI)

         MEMBER                                          MEMBER                                        PRESIDENT