CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110016

    Case No.08/2019

SMT. JYOTI GUPTA

D/O SH. V.K. GUPTA

R/O A-102, 2^ND FLOOR RAMPRASTHA COLONY,

OPPOSITE DEEP MEMORIAL SCHOOL,

GHAZIABAD, U.P.-201011                                           …..COMPLAINANT

Vs.   

M/S. ARUN DEV BUILDER LTD.

THROUGH ITS

MANAGING DIRECTOR/DIRECTOR,

F-89/11, OKHLA INDUSTRIAL AREA,

PHASE-I, NEW DELHI.

AND ALSO AT:-

F-1186, MARKET-2,

CHITTRANJAN PARK,

NEW DELHI                                                                     .…..RESPONDENT

Date of Institution-14.01.2019

Date of Order- 03.03.2023

O R D E R

RAJ KUMAR CHAUHAN-PRESIDENT

1. The present complaint instituted for the deposited amount as well as Rs.50,000/- along with interest @18%p.a. and in addition sum of Rs.20,000/- for physical mental agony along with litigation expenses of Rs.25,000/-.
2. It is alleged that the complainant was allotted a provisional flat No. D-149/1 at ground floor by the OP vide letter dated 31.08.2009 and also issued the letter of allotment dated 04.11.2009 in their project Dev City Bhiwadi.
3. The complainant has deposited a sum of Rs.1,14,400/- for cost of the flat. Despite assurance of completing the project the OP failed to start the construction and thereafter informed the complainant that their project has failed and they are not able to give the flat in the absence of construction.
4. The complainant served a legal notice on 07.09.2018 upon the OP asking them to refund an amount of Rs.1,14,400/- along with interest @18% p.a. The notice was returned back with the remark ‘locked on both the addresses’. 
5. Despite service none appeared for OP and OP was proceeded Ex-parte. The complainant thereafter, filed the Ex-parte evidence as well as written arguments.
6. The complainant has filed his evidence and has exhibited the following documents:-

1. Copy of legal notice dated 07.09.2018 is exhibited as ExCW1/1.
2. Speed posts send the legal notice is exhibited as ExCW1/2 to ExCW1/4.
3. Copy of allotment letter dated 31.08.2009 is exhibited as ExCW1/5 (OSR).
4. Copy of four receipts dated 26.12.2009, 27.08.2009,06.07.2009 and 10.08.2007 for an amount of Rs.45,400/-,24,000/-,20,000/- and 25,000/- respectively are exhibited as ExCW1/6 to ExCW1/9 (OSR).
5. Copy of ledger details is exhibited as ExCW1/10 (OSR).
6. Copy of allotment letter dated 05.05.2009 is exhibited as ExCW1/11.
7. Copy of Cheque, Copy of application for registration of unit is exhibited as ExCW1/12 (OSR).
8. Returning envelopes are ExCW1/13 and ExCW1/14 (OSR).

7. The evidence of the complainant is unrebutted and unchallenged.
8. In the written arguments the complainant has alleged that despite deposited an amount of Rs.1,14,400/- the OP neither constructed the flat nor handed over the possession and it is therefore, argued that the deposited amount be refunded to the complainant along with interest @18% p.a. Complainant has further argued that they are entitled to the amount claimed in the complaint as physical and mental harassment and litigation expenses.
9. In view of the unrebutted oral as well as documentary evidence of the complainant and the complaint has been filed within the limitation this Commission is of the view that OP guilty of deficiency of service and unfair trade practice and direct it to refund:-

1. OP is directed to refund an amount of Rs.1,14,400/- along with interest @9% p.a. from the date of filing the complaint till its realisation.
2. OP is directed to pay an amount of Rs. 20,000-/ towards physical and mental torture pain and agony.
3. OP is directed to pay an amount of Rs.25,000/- towards litigation charges.

10. The order to be complied within 30 days from the date of uploading of order failing which it will carry an interest of @12% p.a. on entire payment from the date of order to till payment.

11. File be consigned to record room.