CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.333/2014
- SHRI DEVESH KUMAR SHARMA
S/O SH. KUNWAR VEER SHARMA
R/O PLOT NO.1088 GROUND FLOOR,
SHAKTI KHAND-4, INDIRAPURAM, GHAZIABAD, UP
- MS RITU SHARMA
W/O SH. DEVESH KUMAR SHARMA
S/O SH. KUNWAR VEER SHARMA
R/O PLOT NO.1088 GROUND FLOOR,
SHAKTI KHAND-4, INDIRAPURAM, GHAZIABAD, UP
…………. COMPLAINANTS
Vs.
M/S ARUN DEV BUILDERS LTD.,
F-89/11, OKHLA INDUSTRIAL AREA, PH-I,
NEW DELHI-110020
CORPORATE OFFICE:-
F-1211 CHITRANJAN PARK, NEW DELHI-110019
…………..RESPONDENT
Date of Order: 30.08.2016
O R D E R
A.S. Yadav, President
The case of the complainant is that he booked a plot measuring 100 sq. yds in the “Aruv Dev City” project of OP at Roorki, Haridwar and initially paid a sum of Rs.50,000/- in July 2006 and thereafter further paid Rs.1,20,000/- by way of instalments of Rs.,60,000/- each. However, till 2012 there was no progress in the project towards the completion of project and whenever complainant contacted OP, he was never given satisfactory answer. It is stated that it is a clear cut case of deficiency in service on the part of OP. Complainant sought refund of the amount and deposited the original receipts with OP on 02.02.12. OP assured to refund the amount however the amount was not refunded. Accordingly this complaint is filed. It is prayed that OP be directed to refund the amount alongwith interest @ 18% p.a. plus Rs.1 lakh as compensation.
Ld. Counsel for OP appeared on 18.09.14 and sought time to file the reply. Number of opportunities were given to file the reply. Ultimately OP was proceeded ex parte on 05.05.2015.
We have heard the complainant and carefully perused the record.
It is proved from the unrebutted statement of the complainant that despite paying a sum of Rs.1,70,000/-, no progress was made towards the completion of the project and ultimately he sought refund of the amount. The amount was not refunded despite assurance. It is a clear cut case of deficiency in service on the part of OP.
OP is directed to pay the complainant a sum of Rs.1,70,000/- alongwith 9% interest p.a. from March 2012 plus Rs.10,000/- as compensation and Rs.5,000/- towards litigation expenses.
Let the order be complied within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (RITU GARODIA) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
