Delhi

New Delhi

CC/515/2015

Ravi Kant Upadhyay - Complainant(s)

Versus

value Infratech India Pvt Ltd - Opp.Party(s)

29 Aug 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

 

Case No.C.C./515/2015                         Dated:

In the matter of:

RAVIKAN UPADHYAY

House No.374, Ground Floor,

Sector-48, Near Housing Society,

Faridaba,

Haryana-121005

        ……..COMPLAINANT

 

VERSUS

1.     The Managing Director,

        Value Infratech India Pvt. Ltd.,

        715, Naurang House,

        21 K.G. Marg, Connaught Place,

        New Delhi, INDIA-110001

 

2.     THE MANAGER,

         Value Infratech India Pvt., Ltd.

        H-198, Sector-63, NOIDA,

        Uttar Pradesh-201301

 

 

 

               .... OPPOSITE PARTIES

 

 

 

MEMBER : H.M. VYAS  

ORDER

 

        Complainant booked a flat with OP bearing No. B-186, located at NH-58, Morta, Rajnagar Extn., Ghaziabad in the project of “SKYWALKS” and paid a sum of Rs. 3,33,859/- to the OP on 3/4/13 and 12/6/13.

        It is alleged by the complainant that the OP did not make any written agreement with him, except the application for booking of the flat.  It is stated by the complainant that he signed the application form but OP did not provide him the copy of application form, and ensured him that the copy of application form will be given to him at the time of execution of building buyer agreement within 3 months of the date of booking.

        It is alleged by the complainant that even after the expiry of 3 months OP did not execute the building buyer agreement; hence complainant visited its office and asked for the same.  The representative of the OP stated that due to some administrative reasons the work cannot be started for another 3months and after starting the work the agreement will be executed.

        It is further alleged by the complainant that even after completion of one year OP did not start the project under one pretext or the other and as such complainant requested the OP for cancellation of booking of his flat and refund of the amount of Rs. 3,33,859/- vide letter dated 8/11/14.  But OP neither refunded the amount nor replied the letter.

        Complainant sent various e-mails to the OP for refund of his amount but all in vain.  Again on 18/5/15 complainant sent a letter to the OP requesting him to refund the money but OP did not reply the same.

        Complainant, therefore, approached this forum for the redressal of his grievance.

        Notice of the complaint was sent to the OP through Registered AD Post for 6/10/15 since none appeared on behalf of OP, it was ordered to be proceeded with ex-parte.

        Complainant filed his ex-parte evidence by way of affidavit wherein he has corroborated the contents of the complaint.

        We have heard ex-parte arguments advanced at bar and have persued the record.

        Complainant has placed on record copy of receipt issued by the OP acknowledging the payment made to it, copy of letter dated 8/11/14, copies of the e-mails sent to the OP.  Copy of the letter dated18/5/15 in support of his case.

From the un-rebutted testimony of the complainant as well as the documents placed on record, we are convinced that the story put forth by the complainant is true.

Bare perusal of the documents make it clear that the complainant had deposited a sum of Rs. 3,33,859/- with the OP and despite several request OP neither constructed the flat nor refunded the amount to him.   This act of OP amounts to deficiency in service.

We therefore hold OP guilty of deficiency in service and direct it as under :-

1. Pay to the complainant a sum of Rs. 3,33,859/-alongwith 10% simple interest from the date of filing of complaint till payment.
2. Pay to the complainant a sum of Rs. 20,000/- for pain and mental agony suffered by him.
3. Pay to the complainant a sum of Rs. 5,000/- towards cost of litigation.

 

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount of compensation and cost is not paid by the OP within a period of one month from the date of receipt of this order, the same shall also be recovered by the complainant from OP along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount of Rs. 25,000/–. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

File be consigned to the record room.

Pronounced in open Forum on 29-08-16

 

(S K SARVARIA)

 PRESIDENT

 

 

 

                                                 (H M VYAS)                                     (NIPUR CHANDNA)

                                                 MEMBER                                             MEMBER