Delhi

North West

CC/1565/2014

POONAM ARORA - Complainant(s)

Versus

SAHARA PRIME CITY - Opp.Party(s)

10 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

 

CC No: 1565/2014

D.No.__________________________                        Dated: _______________

 

IN THE MATTER OF:

 

Ms. POONAM ARORA W/o DR. SANJEEV ARORA,

R/o H. No. 1013, 1^st FLOOR,

DR. MUKHERJEE NAGAR, DELHI-110009.       … COMPLAINANT

                                    

 

Versus

 

SAHARA PRIME CITY LTD.,

(THROUGH ITS C.M.D.),

Mr. SUBRATO ROY & Mr. SUSHANTO ROY,

(HEAD INFRA. & HOUSING),

BRANCH OFFICE: A-2/2, KUNDAN BHAWAN,

106, NANI WALA BAGH, AZADPUR,

DELHI-110033.               … OPPOSITE PARTY

 

 

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER

 

Date of Institution: 24.12.2014

                                                                      Date of decision: 10.01.2018

SH. M.K. GUPTA, PRESIDENT

ORDER

 

1.       The complainant has filed the present complaint against the OPunder section 12 of the Consumer Protection Act, 1986 thereby alleging that OP had introduced a scheme “Sahara Swarn/Rajat

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          Yojna” in the year 2003 under which it was stated that OP would provide flats to the members of the above said yojna and those who are intending to enlist their names in the above said scheme they have to deposit of Rs.10,000/- alongwith registration fee i.e. Rs.4/- and the complainant was interested to become a member of the said scheme of the OP and the complainant contacted Ms. Himani, the official of OP at its branch at Delhi on 29.12.2003 and become the member of above said yojna and the complainant deposited an amount of Rs.10,000/- alongwith Rs.4/- towards registration fee and OP issued a receiptbearing no. 10014431369 in lieu of deposit of amount above said endorsing therewith document reference no. 333025547396 and FA code no. 501218 and 501005 pertain to the amounts deposited towards “Sahara Swarn/Rajat Yojna” and registration fee respectively and the original receipts and pass-book -cum-certificate are in her possession. The complainant further alleged that the complainant deposited booking amount of Rs.85,750/- on 02.01.2006 at Azadpur, Delhi branch against which OPissued a receipt bearing no. 984000073292 and OP vide their letter dated 10.10.2008 (registration of booking for unit no. B5/505 in Sahara City Homes, Lucknow) suggested the price of flat (type II bedroom unit area 88.73 sq.mt.) as Rs.23,87,000/- and the payment plan had also been quoted to the complainant, although

 

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          Dr. Sanjeev Arora husband of the complainant who had also got a flat in the said yojna bearing flat no. B-5/605, type-II, bedroom at 6^th floor having same area in the same building @ 17,66,283/- and OP has clearly discriminated between the plan given to the complainant and plan given to the husband of the complainant although the initial payment was Rs.85,750/- for the complainant and Rs.83,341/- was for complainant’s husband. Thereafter, due to the complainant’s payable installment has been stated as Rs.56,360/- but it was for her husband’s flat as Rs.41,704/-which has given a shock to the complainant and the complainant contacted OP and made several requests to OP to resolve the above said issue but OP neither resolved the issue nor gave any reply. The complainant further alleged that the complainant sent a legal notice dated 29.06.2011 for the issue of discrimination between the complainant and her husband for the rate of payment of installments as well as cost of the flat but OP again delayed the aforesaid matter by saying that the matter shall be resolved shortly and the complainant again sent a legal notice dated 13.08.2014 through his counsel for cancellation of allotment of the flat and refund of the booking amount of Rs.85,750/- with interest @ 18% p.a. but OP neither refunded the booking amount nor gave any reply of the above said legal notice given by the complainant and

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          the complainant further alleged that there is unfair trade practice and deficiency in service on the part of OP and OP has cheated the complainant .

2.       On these allegations the complainant filed the complaint praying for direction to OP to refund the booking amount of Rs.85,750/- alongwith interest @ 18% p.a. from the date of deposit till the date of decision of the complaint in the favour of the complainant as well as compensation of Rs.25,000/- for causing mental pain, agony,  and the complainant has also sought Rs.25,000/- towards cost of litigation.

3.       Notices to OP were issued through speed post for appearance on 16.03.2015 & 02.07.2015 and the notice to OP was served on  27.12.2014 & 18.03.2015 as per track reports. But none for the OP appeared on 16.03.2015 & 02.07.2015 and as such OP has been proceeded ex-parte vide order dated 02.07.2015.

4.    In order to proveher case the complainant and her husband filed their affidavits in evidence and also filed written arguments. The complainant placed on record documents i.e. copy of receipt no. 10220822683 dated 02.01.2006 of Rs.85,750/-, copy of letter dated 10.10.2008 regarding booking for unit in Sahara City Homes, Lucknow, copy of payment schedule, copy of legal notice dated 13.08.2014 sent by the complainant through her counsel to OP by speed post alongwith postal receipts.

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5.    This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. It appears that even after receiving various communications from the complainant and even receiving notice from this forum of this case, the OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no defence at all and the complainant has proved her case from the documents as already discussed. Accordingly, the OP is held guilty of unfair trade practice and deficiency in service.

6.Accordingly, the OP is directed as under:

i)    To refund to the complainant an amount of Rs.85,750/-  alongwith interest @ 10% from the date of deposit till the date of this order.

ii)       To pay to the complainant an amount of Rs.40,000/- which includes cost of litigation as compensation towards mental agony and harassment caused to the complainant.

7.    The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days

 

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          from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

 8.     Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 10^th day of January, 2018.

 

 

 

 

 

 BARIQ AHMED                        USHA KHANNA               M.K. GUPTA

   (MEMBER)  (MEMBER)       (PRESIDENT)

 

 

 

 

 

 

 

 

 

 

 

 

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