DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.510/2010
Sh. Ayub Khan
S/o Sh. Yadram Parihar,
Shop No.G-10, Block F-12/8,
Malviya Nagar, New Delhi ….Complainant
Versus
1. Yaduvanshi Developers Pvt. Ltd.
5, Scindia House, First Floor,
Connaught Place,
New Delhi-110001
2. Yaduvanshi Developers Pvt. Ltd.
B-53, 2nd Floor, Sector-65,
Noida-201301 ….Opposite Party
Date of Institution : 24.07.10 Date of Order : 23.08.18
Coram:
Sh. R. S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Member - Naina Bakshi
The case of the complainant in nut-shell is that the complainant approached the OP to purchase a flat and booked a residential plot measuring 160 sq. yds. in the future project of OP at NH-8 Rajasthan vide receipt No.558 dated 31.12.2007 after making a payment of Rs.15,600/- vide cheque No.085747 dated 05.08.08. At the time of booking the OP told the complainant that the possession will be handed over to the complainant within 18 months and the complainant had to pay total amount of Rs.3,12,000/- @ 1950 per sq. yd. Believing on the assurance of the OP the complainant made the total payment of Rs.2,03,674/- in 21 installments. The OP was bound to hand over the plot to the complainant within 18 months but the OP failed to allot the plot within the stipulated time. The complainant enquired into the matter and came to know that the OP was not having any license to develop the colony nor it was having the sanctioned plan for the project in question. The project of the OP was only on papers and nothing to do with reality. Hence, the OP had cheated the complainant by alluring him that the project was ready to be launched and the plot will be allotted within 18 months. It is stated that the complainant requested Sh. T. P. Singh, GM of the OP to refund the amount as per clause 3 of the application form but the OP failed to refund the same inspite of numerous reminders and visits made by the complainant. Hence, the OP is guilty of gross malpractices, unfair trade practice and deficiency in service Hence, the complainant has filed the present complaint with the following prayers:-
- Direct the OP to refund to the complainant Rs.2,03,674/- alongwith interest @ 9% from 31.12.2007 till the date of actual realization of the payment.
- Direct the OP to pay a compensation of Rs.1,50,000/- to the complainant for the financial loss, physical harassment and Rs.25,000/- as litigation cost.
The OP was proceeded exparte vide order dated 24.09.2012.
Complainant has filed his affidavit in exparte evidence as well as written arguments.
We have heard the counsel for complainant and have also gone through the file very carefully.
OP has the knowledge about the filing of the complaint but did not choose to contest it.
Complainant has filed a Bhoomi Pujan Shortly as Ex. CW-1/1. The complainant filed the application for provisional registration in the project as Ex. CW-1/2. The complainant filed the receipts issued by the OP on various dates as Ex. CW-1/3. The OP vide letter dated 28.08.08 informed the complainant that they are starting a new hospitality project in the different location as Ex. CW-1/6. The complainant vide letter dated 01.02.10 requested the OP to refund the amount as Ex. CW-1/8.
Averments made in the complaint and the evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
It is evident from the record that the complainant booked a plot with the OP on 31.12.2007 and made a payment of Rs.203674/- in 21 installments. When the OP had not delivered the possession of the plot within the stipulated time, the complainant requested the OP to refund the amount. The complainant sent various e-mails to the OP but the OP had failed to refund the amount. We mark the same as Annexure-A for the purpose of identification.
The Complainant has filed the copy of the Booking Form dated 13.12.07. Clause 1 of the terms and conditions provides that the OP had proposed to hand over the possession of the flat in question to the complainants within 1.5 years from the date of application of the Agreement. Clause 3 of the terms and conditions of the application form reads as under:
“In case the company is not a in position to make an offer of allotment to the applicant within the aforesaid specified period, then the company shall only be entitled to pay a simple interest @ 9% a.a. over the deposit amount, only in case of withdrawal, except due to reasons force majeure.”
In view of the above discussion, we hold the OP guilty of deficiency in service and unfair trade practice, since, there is no evidence on the record which may even remotely show that the OP had booked the plot with an intention to start the construction and to handover the possession thereof to the complainant within the stipulated period. Accordingly, as per terms and conditions of the OP, OP had to deliver the plot within 1.5 years but OP failed to deliver the plot to the complainant, we direct the OP to pay Rs.2,03,674/- (Rs. Two Lacs Three Thousand Six Hundred Seventy Four Only) @ 9% p.a. interest from 31.12.2007 till realization and Rs.25,000/- towards mental harassment and cost of litigation etc. to the complainant within a period of one month from the date of receipt of copy of this order failing which the OP shall become liable to pay interest @ Rs.12% per annum on the amount of Rs.2,03,674/- (Rs. Two Lacs Three Thousand Six Hundred Seventy Four Only) to the complainant from 31.12.2007 till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 23.08.18.
