Delhi

East Delhi

CC/169/2013

YRGESH GAUR - Complainant(s)

Versus

SHAURYA HOUSING - Opp.Party(s)

17 May 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

 

CC. NO-169/13

In the matter of:

Sh. Yogesh Gaur

S/O Sh. Rajesh Gaur,

R/O 223, Ghondli, Krishna Nagar,

Delhi-110051        

          Complainant

 

 

Vs

 

 

The Shaurya Housing Ltd.,

202, Dlite House,

36, Zamrudpur Community Centre,

Kailash Colony Extn.

New Delhi-110048

                                                                                                                    Opposite Parties

 

                                                                                        DATE OF ADMISSION-14/03/2013

                                                                                      DATE OF ORDER         -12/10/2015

 

ORDER

 

SH. N.A.ZAIDI, PRESIDENT

This complaint has been filed with the allegation that the complainant had booked a flat on 15/09/2008, after depositing an amount of Rs.51,000/- and he was registered at No.SVM033. The total cost of the flat was Rs.10,71000/-. The respondent promised to deliver the possession within two years of the booking. The complainant deposited an amount of Rs.8,26000/-as is evident from payment collection report of May 2011. The flat is still not completed and is likely to take more years. The respondent kept on misleading the complainant. The complainant demanded back the entire amount of Rs.8,26000/- with 18% interest but the same was not returned. The complainant has prayed for the refund of Rs.8,26000/- with 18% interest, Rs.2,50,000/- as damages for causing mental pain and agony and Rs.25000/- cost of litigation.

            Respondent was served with notice. They failed to file their reply, case proceeded ex_parte. The complainant affidavit filed along with evidence. The complainant has also filed on record the proof of depositing the amount, the final demand notice issued by the respondent showing the receipt of amount of Rs.8,26000/-. The respondent have raised the demand of Rs.7,00,747/- in the notice issued from the New Delhi office. The terms and condition filed by the complainant reveals that after registration the allotment should be done within six months and assurance by the respondent to pay the 7% per annum over the deposited amount, if the company fails to deliver the flat within specified period. This fact has not been controverted by the respondent that possession was not to be delivered within two years from the date of the registration. The affidavit of the complainant is uncontroverted on record. The fact as appearing leaves no room for doubt that the respondent has failed in his obligation to deliver the flat in question within the specified period of two years to the complainant. In these circumstances when the complainant has deposited out of total Rs.10,71000/- the amount of Rs.8,26000/- a substantial part of the consideration, it was the duty of the respondent to have provided the complainant the assured rate of interest i.e 7% as mentioned in the document on record for the delayed period. There is no Justification shown by the respondent for keeping the money deposited by the complainant, when the respondent could not provide the possession of the flat in the specified period. This is a clear case of the unfair trade practice and deficiency of service.

            We allow this complaint. The respondent is directed to refund to the complainant the amount of Rs.8,26000/- together with 9% interest thereon from the date of the deposit till it is finally paid.

            We further award, compensation of Rs.1,00,000/- on account of harassment, mental pain and agony, which shall include the cost of litigation. The amount be paid within 45 days from the date of the order, if not paid, 9% interest shall be paid till it is finally paid.

The copy of the order be sent to the parties as per rules.

 

POONAM MALHOTRA                                                                                        N.A.ZAIDI

          MEMBER                                                                                                        PRESIDENT