DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 141/2023

Date of Institution: 06.04.2023

Judgment Reserved on: 08.11.2024

Judgment Passed on: 08.11.2024

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Judgment By: Sh. Ravi Kumar (Member)

JUDGEMENT    

The complainant a senior citizen has alleged deficiency in service on the part of OPs on account of not refunding the amount despite of his repeated request which he had deposited with the OP towards e-Conversion i.e. freehold of two shops. 

1. The complainant has contended in his complaint case that he is senior citizen of 72 years of age and has retired from the post of Superintendent Engineer, Vigilance Cell of DDA. On 10.09.2020 he being registered Power of Attorney holder had applied for freehold of shops i.e. Shop No.158 and 159 measuring 6 sq. m. at Himmatpuri Block No.36 Indira Market, Trilok Puri, Delhi and he had deposited Rs.90891/- for each property thus totalling Rs.181782/- vide transaction ID No.1030914613 and 1514873666 issued by DDA, IDLI System. 
2. His request for freehold conversion was rejected by the OP IDLI System vide email dated 05.01.2021 for the reason that F1 (142) 1986/CE is a common file so conversion cannot be proceeded from this file.  He further received email dated 17.01.2021 requesting for furnishing more documents and rejected his application. However, while rejecting the same no refund was provided to the complainant by the OPs. 
3. Thereafter, complainant sought information under RTI Act and he was informed vide letters (two) dated 20.06.2022 that he may apply for refund of the conversion charges deposited by him along with bank account details.  The complainant provided his bank account details vide letter dated 01.07.2022 further reminded by way of letter dated 18.08.2022 and 20.09.2022 to which he received no reply nor the refund amount.
4. The complainant issued legal notice dated 06.01.2023 to the OP which was also not replied and complainant in his complaint alleging deficiency in service has sought refund of Rs.181782/- along with interest @ 9% p.a. with quarterly rests upto the date of actual payment, Rs.50,000/- towards compensation besides litigation cost and any other relief which this Commission deems fit and proper in the facts and circumstances of the case in his favour.
5. Notice was issued and OPs neither appeared nor filed any reply and were proceeded ex-parte on 16.04.2024.
6. The complainant has filed his evidence by way of affidavit wherein he has marked the following documents as exhibits:

• Application for freehold vide file No.F1(049)/1986/CE and F1(142)/1986/CE dated 10.09.2020 regarding Shop No.158 and 159 as exhibits CW-1/A and CW-1/B. 
• Emails dated 05.01.2021 and 17.01.2021 as exhibits CW-1/C and CW-1/D.
• Receipts of amount deposited i.e. Rs.90891/- for shop No.158 and Rs.90891/- for Shop No.159 as exhibits CW-1/E and CW-1/F.
• RTI reply dated 20.06.2022 (two) as exhibits CW-1/G and CW-1/H.
• Copy of letter dated 01.07.2022 (two) as exhibits CW-1/I and CW-1/J.
• Copy of letter dated 18.08.2022 (two) as exhibits CW-1/K and CW-1/L.
• Copy of letter dated 20.09.2022 (two) as exhibits CW-1/M and CW-1/N.
• Copy of Legal Notice dated 06.01.2023 along with Postal Receipt as exhibits CW-1/O and CW-1/P.

7. The Commission has heard the arguments and perused the record. 

The complainant being Power of Attorney Holder had applied for conversion of Shops bearing No.158 and 159 and measuring 6 sq. m. each situated at Himmatpuri Block No.36 Indira Market, Trilokpuri, Delhi on 10.09.2020 and he had deposited Rs.90891/- for each shop vide transaction ID No.1030914613 and 1514873666. His request for conversion was rejected by the OPs vide email dated 05.01.2021 and 17.01.2021 and he was informed that by removing deficiency in documents he can re-apply conversion however the amount so deposited by him was not refunded for long time and complainant kept on requesting the OPs to refund the amount. 

8. When there was no response from the OPs and refund was also not given then complainant sought information through RTI which was replied by OPs vide letter dated 20.06.2022 informing that he may apply for refund of the amount with bank account details in both the cases.  The Complainant provided the required details vide letter dated 01.07.2022 followed by letter dated 18.08.2022 and 20.09.2022 however he did not receive the refund from the OPs. 
9. The OPs have not appeared before this Commission nor filed reply and they were proceeded ex-parte on 16.04.2024 and the complaint filed by the complainant goes unrebutted. From the perusal of the documents as filed by the complainant by way of exhibits the case is very clear that on depositing the amount for conversion on 10.09.2020 totalling Rs.181782/- for both the applications his request for conversion was rejected by the OPs on 05.01.2021 and 17.01.2021 thereafter the amount should have been refunded to the complainant and there was no reason for the OPs to retain the amount at their end. When despite of several requests the complainant did not get the refund he wrote RTI application and he was informed vide letter dated 20.06.2022 by the OPs that he may apply for refund by giving his bank account details. The same was also provided by the complainant vide letter dated 01.07.2022 followed by letters dated 18.08.2022 and 20.09.2022 no refund was given by the OPs to the complainant.
10. The OPs were to provide services to the complainant by converting his shops to freehold and for that they received consideration amount also. However, the OPs rejected the application for conversion to freehold on 05.01.2021 and 17.01.2021 but did not refund the amount.
11. For the reasons stated supra it is evident that OPs were bound to refund the conversion money amount to the complainant which they have failed to do and holding them liable, this Commission orders as follows:

• OPs to pay jointly and severally Rs.1,81,782/- along with interest @ 7% p.a. from 01.07.2022 to the complainant.
• OPs to pay jointly and severally Rs.20,000/- towards mental agony and harassment and Rs.7,500/- towards legal expenses.

This order shall be complied within 30 days from the date of receipt of the judgment failing which OPs shall pay interest @ 9% p.a. on all the above amounts till the date of realization. 

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room.     

Announced on 08.11.2024.