Delhi

East Delhi

CC/205/2015

MANISHE RAKWANI - Complainant(s)

Versus

U.TRUN HOUSES - Opp.Party(s)

28 Nov 2016

ORDER

               DISTRICT CONSUMER DISPUTE REDRESSAL FORUM-EAST, Govt of NCT Delhi

               CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                       

                                                                                       Consumer Complaint no.        205/2015

                                                                                       Date of Admission                10/07/2015

                                                                                       Order reserved on                28/11/2016  

                                                                                        Date of Order                        01/12/2016                                                                                                                                                                

 

In matter of

Mrs Manisha Rizwani, adult  

R/o-63, Jagriti Enclave,

Vikas Marg Extn., Delhi 110092 …………………………………………..…………….Complainant                                                                   

                                                                             Vs

M/s U Tern Housing Pvt Ltd.

Regd Office- 1507 Ambadeep Building,

14, Kasturba Gandhi Marg,

Connaught Place, New Delhi 110001.....…………..………………………………….Respondent                                                                                                      

                                                                                                       

Complainant’s Advocate               Rajesh Kumar Sharma  

Opponent                                         Ex Parte 

 

Quorum                                            Sh Sukhdev  Singh      President

                                                            Dr P N Tiwari                Member

                                                            Mrs Harpreet Kaur      Member                                                                                          

 

Order by Dr P N Tiwari  Member  

Brief Facts of the case                                                                                               

 

The complainant booked a residential plot from OP after assurance that the future project would be a very useful investment, so complainant paid booking amount Rs 1,87,500/-for 300 square yard plot at the rate of 2500/- per square yards on 24/02/2006 in Block C, Plot 49, Silver City, Jaipur. All the installments were paid up to 19/03/2010 and OP issued a ‘No Dues Certificate’ on 19/03/2010 marked here as CW1/4. OP gave costumer code C00273 for property bearing number SCP300-018 to the complainant vide receipt no. R-04753, annexed as CW1/3 dated 19/03/2010. In all, complainant paid Rs 6,87,500 against total consideration of plot Rs 7,50,000/-.

OP also executed “Plots Buyers Agreement & Allotment Letter” at Delhi on 12/05/2007 marked here as CW1/5.  After getting No dues certificate,  complainant  approached  OP  for

 

 

executing registry in her name which was not done, but OP kept delaying for one reason or other so complainant sent a legal notice marked here as CW1/6.

Hence, filed this complaint and claimed for getting executed registry in her name with compensation of Rs 3 lacs for mental and physical harassment and Rs 25,000/-litigation charges.  

Notice was served. OP did not appear and not filed written statement. After track report from postal department showing notice was delivered to OP, the case was preceded Ex parte. Complainant filed their Ex Parte evidences by way of affidavit. It is a settled position of law that uncontroverted evidence cannot be disbelieved and there is no reason for us to disbelieve the facts of the complaint which are verified on oath. The evidence of deposit of the amount is on record.  Arguments were heard and order was reserved.

After going through all the facts and evidences on record, We allow this complaint and pass the following order-

1. OP is directed to execute the registry of booked plot in the name of complainant as per the terms and conditions of Buyers Agreement within 30 days from the receiving of this order. If OP fails to comply the order in time, shall refund the total consideration amount paid by the complainant with 9% interest till realized.  
2. We further award sum of Rs 25,000/-compensation on account of harassment, mental pain and agony which shall also include litigation charges.
3. If order is not complied in time, complainant shall be entitled for 9 % interest on entire awarded amount till paid. 

The copy of this order be sent to parties as per rules and file be consigned to Record Room.  

 

Mrs Harpreet Kaur, Member                                                                       (Dr) P N Tiwari Member

                                                         Shri Sukhdev Singh President