Delhi

StateCommission

CC/416/2016

ITESH PATWA - Complainant(s)

Versus

M/S UNIVERSAL BUILDWELL PVT. LTD. & ANR. - Opp.Party(s)

30 Nov 2018

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :30.11.2018

Date of Decision : 11.12.2018

COMPLAINT NO.416/2016

In the matter of:

 

Mr. Itesh Patwa,

S/o. Shri Shanti Chand Patwa,

R/o. 18 E-5, Chopasani Housing Board,

Jodhpur,

Rajasthan-342008.                                                                                        …..Complainant

                                                Versus                                   

 

M/s. Universal Buildwell Pvt. Ltd.,

Regd. Office 102, Antriksh Bhawan,

22 Kasturba Gandhi Marg,

Connaught Place,

New Delhi.-110001.                                                                                                                   …….Opposite Party

Hon’ble Sh. O. P. Gupta, Member (Judicial)

1.     Whether reporters of local newspaper be allowed to see the judgment?                                                               Yes/No

2.      To be referred to the reporter or not?                                                                                                        Yes/No

O.P. Gupta, Member (Judicial)

JUDGEMENT

 

1. The case of the complainant is that he intended to open an office at Gurgaon for his own self employment. He competed his final examination from Institute of Chartered Accountant in January, 2015.He entered into buyer agreement dated 27.08.10 with the OP and he was allotted  unit no.433 super area 750 sq ft at 4^th floor in Universal Square, sector-59, Gurgaon. Price was settled at Rs.43,46,250/-. Possession was to be offered within 36 months of execution of agreement or sanctioning of plan with grace period of 6 months. He had paid Rs.29,01,868/- against receipts mentioned in para-7 of the complaint. In 2015 he visited the site and was shocked to see that there was no construction. He sought refund alongwith interest. He sent notice dated 10.12.15, hence this complaint for refund of Rs.29,01,868/- alongwith interest @18% per annum from the date of payment till the date of refund and compensation for  harassment.
2. The OP was served by RAD for 07.11.16 but he did not appear. It was proceeded exparte on the next day i.e. 24.03.17.
3. In his exparte evidence the complainant has filed his own affidavit.
4. I have gone through the material on record and heard the arguments. In view of the uncontroverted case coupled with the documentary evidence, I am convinced that there is deficiency on the part of OP. The OP is directed to refund of Rs. 29,01,868/- with interest @9% per annum from the date of respective. Payments till the date of refund within 45 days from the receipt of copy of this order.
5. Copy of the order be sent to both the parties free of cost.

File be consigned to record room.

 

                                                                                              (O.P. GUPTA)                                                                                                                                                                                     MEMBER (JUDICIAL)