Delhi

East Delhi

CC/206/2015

MONICA - Complainant(s)

Versus

U.TRUN HOUSES - Opp.Party(s)

18 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 206/15

 

Ms. Monica Batta

E-55, Preet Vihar

Delhi – 110 092                                                                           ….Complainant

 

Vs.

 

1. M/s. U-Turn Housing Pvt. Ltd.

Regd. Off: 1507, Ambadeep Building

14, Kasturbha Gandhi Marg

New Delhi – 110 001                                                                        ….Opponent

 

Date of Institution: 07.04.2015

Judgment Reserved on:18.11.2016

Judgment Passed on: 02.12.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Shri Sukhdev Singh (President)

 

JUDGEMENT

The complainant Ms. Monica Batta has filed a complaint under Section 12 of the Consumer Protection Act against M/s. U-Turn Housing Pvt. Ltd. (OP) for deficiency of services.

2.        The facts in brief are that the complainant booked residential plot of 200 Sq. Yds. on 27.02.2006 by paying an amount of Rs. 2,00,000/- by cheque of dated 27.02.2006.  The allotment was to be made within a period of 12 months.  In the month of August, 2010, the complainant again made a payment of Rs. 1,00,000/- and another full and final payment of Rs. 1,03,000/- on 05.04.2011.  On 30.08.2013, OP was issued NOC and assured to the complainant that the lease deed of the plot will be made shortly.  However, it has not been done so.  Even the complainant did not have any satisfactory reply from the respondent.  These acts of the respondent has been stated to be of unfair trade practice and deficiency in service.  Thus, the complainant has prayed for direction to the respondent to have the registry of plot no. B-452 of 200 Sq. Yds; Rs. 4,00,000/- compensation on account of mental pain and agony and Rs. 50,000/- as cost of litigation.

3.        Notice of the complaint was given, but the respondent did not put the appearance, hence, they have been proceeded ex-parte.

4.        In support of its complaint, the complainant has examined         Ms. Monica Batta.  She has deposed on affidavit.  She has narrated the facts, which have been stated in the complaint.  With the complaint, there has been documents.  There is an agreement, provisional allotment letter issued by U-Turn Housing Pvt. Ltd., wherein unit bearing No. B-452 of 200 Sq. Yds., has been agreed to be allotted in the proposed township qua Silver City, Jaipur.  This provisional allotment letter is of dated 12.05.2007.  Further, document, which is of letter 30.08.2013 written by U-Turn Housing Project showed that the complainant have made the full payment.  This letter states that the company have been moving an appropriate application for getting the land defreezed from Jaipur Development Authority after which they will execute the lease deed of plot.  Thus, from these two documents, it is evident that the complainant has made the full payment for plot no. B-452 of 200 sq. yds. in township Silver City, Jaipur.  When the complainant has made full payment and the company have not executed the lease deed till 2013, the fact remains that after making the full payment, the complainant have not been able to get her plot.  When the company has failed to allot the plot, even after getting the full payment in the year 2011, there has been deficiency on the part of OP.  Consequently, the complainant have also suffered mental pain and suffering.  When there has been deficiency on the part of OPs, certainly, the complainant was entitled for the relief claimed.  

5.        In view of the above, we direct OP to get the registry of plot No.  B-452 of 200 sq. yds. in Silver City, Jaipur in the name of the complainant.  We further direct that the complainant may be compensated for an amount of Rs. 1,00,000/- on account of mental pain and agony.  This includes the cost of litigation.  The order be complied within 60 days from the date of receipt of the order.  If the said orders are not complied within the stipulated period, the company have to pay the total cost of the plot and Rs. 1,00,000/- compensation with 9% interest from the date of filing of complaint till its realization.                

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President