Delhi

New Delhi

CC/865/2015

Sanjeev Verma - Complainant(s)

Versus

M/s U Turn Housing Pvt. Ltd. - Opp.Party(s)

05 Nov 2019

ORDER

 

 

                                      CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 865/2015                                                              Dated:

In the matter of:

Sh. Sanjeev Verma

S/o Sh. A.N. Verma

R/o 265, Ist Floor, Kailash Hills,

East of Kailash,

Near C-Block Market,

New Delhi-65

                                                                                                 ....COMPLAINANT

 

VERSUS

1. U-Turn Housing Pvt. Ltd.

Regd. Office:- 1507, Ambadeep Building,

14, Kasturba Gandhi Marg

New Delhi-110001.

 

2. Mr. Nikhil Tripathi

Managing Director

U-Turn Housing Pvt. Ltd.

Regd. office :- 1507, Ambadeep Building

14, Kasturba Gandhi Marg

New Delhi-110001.

                                                                                                    .....OPPOSITE PARTIES

 

 

            ARUN KUMAR ARYA- PRESIDENT

O R D E R

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant booked a residential plot in the project of OP in “Silver City” at Diggi Road, Jaipur for 300Sq. yds. @ Rs. 3,500/- and deposited amount of Rs. 2,62,500/- and the OPs had issued allotment to the complainant vide property code no. SC300-060 at the same Project. It is further stated even after 6 months, there was no response from the OP. The complainant went to OP-2 and the OP-2 assured the complainant that the balance installments should be paid by the him only after the commencement of the development work at the site. Further, on request of the OP complainant agreed to make further payment of Rs. 01,31,250/- on 29/08/2006 against the registry and other charges and complainant accordingly deposited Rs. 11,20,000/- till 19/09/2009 against Customer Code No. C00503. It is further alleged that OP assured the complainant that the development work at the site was going to commence very soon and the funds of the complainant were in safe hands. It came to the knowledge of the complainant that the OPs did not have any permission/approval from the appropriate authority to commence the said project.

 It is alleged that till date no work has commence at the site therefore, the complainant have all the right to cancel the registration but the OPs have neither delivered the plot to the complainant nor refunded the money paid by the complainant, hence this complaint.

Notice of the complaint was sent to the OP.  Since none appeared on behalf of OP despite notice, therefore, it  was ordered to be proceeded with ex-parte on 13/02/2017 by our Predecessor Bench.

Complainant has filed his evidence by way of affidavit wherein he has corroborated the contents of his complaint. File is perused.

 

From the un-rebutted testimony of the complaint and documents placed on record, we are convinced that the story put forth by the complainant is true.  Bare perusal of the complaint and its annexures shows that complainant had deposited a sum of Rs. 11,28,000/- with the OP  for the above said project.

 

The OP never completed the project, so, non-refunding the money by the OP till date amounts to deficiency in service. We, therefore, hold the OP guilty of deficiency in service and direct it as under:-

 

i)     Pay to the complainant a sum of Rs. 11,28,000/- along with interest @ 9% p.a. from the date of filing of the present complaint i.e. 23/12/2015, till payment.

ii)    Pay to the complainant a sum of Rs. 15,000/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.

 

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 05/11/2019

 

        

                                            (ARUN KUMAR ARYA)

                                                      PRESIDENT

 

(NIPUR CHANDNA)                                                           (H M VYAS)

      MEMBER                                                                        MEMBER