Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 313
Instituted on : 03.07.2019.
Decided on : 24.02.2020.
Subhash Chander age 52 years, s/o Sh. Munshi Ram R/o H.No.1915, Sector-2, Rohtak..
………..Complainant.
Vs.
- M2M Buildtech (P) Ltd. office at Kheri Sadh, Delhi, Rohtak Main Road, Teshil Sampla and District Rohtak also having office at D-43, Sector-6 Noida Uttar Pradesh through its Managing Director/Director.
- Managing Director/Director, M2M Buildtech (P) Ltd. having Office at Kheri Sadh, Delhi, Rohtak Main Road, Tehsil Sampla District Rohtak also having office at D-43, Sector-6, Noida Uttar Pradesh.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Sh.Gulshan Chawla, Advocate for the complainant.
Opposite parties exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant had applied for a residential flat with the respondents and had paid an amount of Rs.400000/-(Rs. four lakhs only) through cheque bearing No.425770 dated 19.03.2013 of Punjab National Bank, to the opposite party at Rohtak. The respondents duly issued receipt bearing no.MBI/12-13/342 dated 30.03.2013 in favour of complainant. But till date opposite parties have not floated any project. Complainant time and again made a request to opposite party to refund the amount alongwith interest @ 18% p.a. but opposite party did not respond to the same. Hence, this complaint and the complainant has prayed for directing the respondents to make the payment of Rs.4,00,000/- alongwith interest at the rate of 18% per annum from the date of its deposit till its realization and Rs.20000/- as compensation and Rs.11,000/- as litigation expenses to him as explained in relief clause.
2. On notice, opposite parties appeared but did not file any reply. Thereafter, on 07.01.2020 opposite parties failed to appear before this Forum and as such, were proceeded against exparte vide order dated 07.01.2020 of this Forum.
3. Complainant in his exparte evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence on dated 24.02.2020.
4. We have heard ld. counsel for the complainant and have gone through the material aspects of the case.
5. After perusal of the documents placed on record by the complainant, we come to the conclusion that the respondents have received an amount of Rs.4,00,000/- from the complainant as per receipt Ex.C1 dated 30.03.2013. Complainant served a legal notice Ex.C2 upon the respondents for payment of Rs.4000000/-, which was not replied by the OPs. It is also on record that opposite parties did not appear despite service and as such it is presumed that opposite parties have nothing to say in the matter and therefore, all the allegations leveled by the complainant against the opposite parties regarding non refund of amount to the complainant stands proved. This fact itself shows a great deficiency in service on the part of respondents. So the act of opposite parties itself is not only a grave deficiency in service, such deficiencies or omission tantamounts to unfair trade practice.
6. We have also placed reliance upon the law of Hon’ble National Commission, New Delhi in III(2018)CPJ 374(NC) titled as Emaar MGF Land Vs. Gagan Gupta and TDI Infrastructure Ltd. Vs. Aditya Tomar. In view of the aforesaid law, which is fully applicable on the facts and circumstances of the case, it is observed that OPs are liable to refund the amount deposited by the complainant alongwith interest and compensation.
7. In view of the above, complaint is allowed and we hereby direct the opposite parties to refund the amount of Rs.4,00,000/-(Rupees four lakh only) which shall be paid by opposite parties alongwith interest @ 12% p.a. from the date of payment to the opposite parties till its realization and shall also pay a sum of Rs.20,000/-(Rupees twenty thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
24.02.2020.
…………………………………..
Nagender Singh Kadian, President
…...........................................
Renu Chaudhary, Member.
..........................................
Tripti Pannu, Member.
