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.15/2014
SH. DURGESH CHAUHAN
S/O SH. RAMASHISH CHAUHAN
R/O H-18B, NEAR SANJAY RAM PARK,
SHAKARPUR, DELHI-110092
…………. COMPLAINANT
VS.
- M/S ARUN DEV BUILDERS LIMITED,
THROUGH ITS DIRECTORS/PARTNERS
F-1211, C.R. PARK, NEW DELHI-110019
- M/S ARUN DEV BUILDCON PVT. LTD.,
THROUGH ITS DIRECTORS/PARTENRS
612, HOLY CHOWK, DEVLI KHANPUR,
NEW DELHI-110062
………….. RESPONDENTS
Date of Order:24.10.2016
O R D E R
A.S. Yadav – President
The case of the complainant is that initially he booked a plot measuring 100 sq. yds with OP-1 and paid a sum of Rs.91,000/- in April 2008. Balance amount was to be paid in 73 instalments of Rs.3,000/- each. Thereafter OP-1 launched a new project in the name of OP-2 and both the OPs asked complainant to book a flat measuring 507 sq. ft. in the project of OP in Yamuna Apartment, New Delhi and for that complainant paid Rs.60,000/- by way of cheque in favour of OP-2 and further on the asking of OPs paid a sum of Rs.50,000/- by way of cheque in favour of Mr. Pradeep Kumar who was registered booking officer of OPs.
Thereafter OPs informed that they are not able to give the flat in the Yamuna Apartment project and assured the complainant to adjust the Rs.1,10,000/- in the Bhiwadi project. Thereafter in May 2012 complainant visited the site at Bhiwadi and was surprised to see that there was no development. Accordingly complainant asked for cancellation of booking and OPs gave printed proforma for cancellation and asked complainant to fill the amount of refund as Rs.1,54,000/- and further assured that amount of Rs.50,000/- shall be paid afterward. Accordingly complainant filled up the application and deposited the original documents. However, the amount was not refunded. It is stated that there is deficiency in service. Complainant has sought refund of Rs.2,04,000/- with 18% interest as well as compensation of Rs.1 lakh.
OP in his reply has taken preliminary objection that this Forum has no jurisdiction as the Bhiwadi is situated in Alwar, Rajasthan. It is admitted that complainant booked a plot in the project of OP and paid Rs.91,000/- towards booking. Rest of the averments made in the complaint are denied. It is stated that complainant is defaulter in making payment of amount. It is prayed that the complaint be dismissed.
We have carefully perused the record.
So far as territorial jurisdiction of this Forum is concerned, it is proved on record that all the transaction has been held with the branch office of OP which is situated within the territorial jurisdiction of this Forum.
Complainant has placed on record the cheque showing payment of Rs.91,000/-, to OP-1, Rs.60,000/- to OP-2 and further a payment of Rs.50,000/- to Sh. Pradeep Kumar. Complainant has also proved on record the application dated 05.05.2012 which has been duly accepted by OP-1 whereby complaint has sought the refund of Rs.1,54,000/- and also submitted the original documents. It is proved on record from the documents that in fact complainant has paid a sum of Rs.2,01,000/- to OPs mainly to OP-1.
OP-1 is directed to refund Rs.2,01,000/- to complainant alongwith interest @ 9% p.a. from the filing of the complaint. OP is further directed to pay Rs.10,000/- as compensation and Rs.5,000/- as 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
