Delhi

East Delhi

CC/765/2014

ANKIT - Complainant(s)

Versus

SHORYA TOWER - Opp.Party(s)

-

11 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES RERESDSAL FORUM (EAST)

GOVT OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

 

CC NO.765/14

 

ANKIT KUMAR GUPTA

E-13/4, VASANT VIHAR,

NEW DELHI-110057

 

                                                                                                                            Complainant

                                                      Vs

 

 

SHOURYA TOWERS PRIVATE LIMITED,

(PREVIOUSLY NITISHREE INFRASTRUCTURE Ltd.)

SHOP No.108, FIRST FLOOR

VARDHMAN MAYUR MARKET,

MAYUR VIHAR, PHASE-3,

NEW DELHI-110096

 Opposite Parties

     

                                                  DATE OF ADMISSION-10.09.2014

DATE OF ORDER        -22.02.2016

 

O R D E R

 

SH.N.A ZAIDI, PRESIDENT

This complaint has been filed with the allegation that the Complainant along with his father Sh. G.K Gupta purchased an Apartment No. 304, D-4 Tower at Shouryapuram Project on NH-24 Village Bamheta Shahpur Ghaziabad vide Flat Agreement dated 24/02/2007 (the “Agreement”) via Memorandum of Understanding executed on 24/09/2006. The sum of Rs.6,55,347/- was paid out of this amount Rs.2,60,000/- was paid on 21/11/2005, Rs. 2,60,000/- on 03/01/2007 and Rs.1,35,343/- on 13/02/2007. The Respondent was supposed to complete the construction by December 2009, they have failed in their obligation, they have not offered the compensation nor they have refunded the amount deposited. The Complainant has prayed for the refund of all the amount with 24% interest and compensation of Rs.3,00,000/- with litigation expenses.

            The Respondent was served sufficiently. They sought time to filed the written statement but no written statement filed and case proceeded ex_parte.

            Complainant filed his affidavit in support of allegation in complaint along with documents, the same is uncontroverted on record. The Respondent has failed to show that he had infact started the construction at the site or they have ever informed the Complainant regarding the completion of the project. They have never offered the possession. In these circumstances the cause of action to the Complainant subsists even after 2009. Taking the fact into consideration that the Respondent had not constructed the Flats in question, the demand of the Complainant for refund is justified. We allow this complaint we direct the Respondent to refund to the Complainant the sum of Rs.6,55,345/- along with 9% interest thereon from the date of filing this complaint till it is finally paid. We further award the compensation of Rs.25,000/- and Rs.10,000/- as cost of litigation. Let this entire amount be paid within 45 days from the date of the order. If the cost and compensation is not paid within the period then the Complainant shall be entitled for 9% interest thereon till it is paid.

            Let copy of the order be served on both the parties as per rule.

 

 

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

         MEMBER                                                                                                                                          PRESIDENT