ORDER

PER SH. RAKESH KAPOOR, PRESIDENT

    On 4.8.2005, the complainant had booked a plot with the Ops future Project.  Subsequently, the OP had allotted  a plot in Block C-75 (Type ) measuring 200 Sq. Yds at  Bamheta , Ghaziabad at a total cost of Rs. 14,40,000/-. It is alleged by the complainant that he had already paid a sum of Rs. 8,8400/- towards the cost price of the plot in question.    As per the allotment letter the possession was to be delivered to him in the year 2007.    The complainant had visited the site in the year 2009 and had found out that no development had taken place at the site.  He had taken up the matter with the OP  and was informed that a plot has been transferred to C-45 due to some technical reason.   The complainant has alleged that this has been done behind his  back and he is not prepared to accept the said allotment.  He has also alleged that despite the fact that he had made the booking in the year 2005 , the project has not made any headway.  He had asked for the refund of the amount but to no result. Hence, the complaint.  The registered notice was sent to the OP on 9.7.2014 which was not received back unserved.  Service was, therefore, presumed to have been effected on the Ops who were ordered to be proceeded with ex-parte. 

     In order to prove his case, the complainant has filed his own affidavit dated 20.8.2015.  The complainant has placed on record a copy of the advance registration form dated 4.8.2005.   A copy of the letter dated 10.11.2006 whereby allotment of a plot has been made in the favour of the complainant and copy of receipts showing payment of a sum of Rs. 8,84,400/- to the OP  he has also place on record a copy of the letter  dated 28.12.2009 seeking the refund of the amount .  He has also placed on record various e-mails written by him to the OP in this regard.   A copy of the letter dated 2.4.2015  written to the various officials of the OP  has also been placed on record.  From the unrebutted testimony of the complainant and also the documents placed on record a clear case of deficiency in service on the part of the O has been established.  The complainant had booked the plot in question in the year 2005 .  He has already paid a substantial amount of the cost of the plot .  There is no development  in the project has taken place .  It appears to us that the OP has utilized the amount received from the complainant in some other project and has not utilized it for the purpose for which it was received.  We , therefore, hold OP guilty of deficiency in service and direct it as under :-

1. Pay to the complainant the amount of Rs. 8,84,400/- along  with interest @ 15% p.a. from the date of deposit till payment. 

2. Pay to the complainant a sum of Rs 15,000/-as compensation for the pain and agony suffered by him.   

3.Pay to the complainant a sum of Rs. 5,000/- as cost of litigation.

       The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  IF the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

Copy of the order be made available to the parties as per rule. 

    File be consigned to record room.

     Announced in open sitting of the Forum on.....................