CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.375/2013
VIKRANT ARORA
R/O 11/1606, PATAUDI HOUSE
DARYA GANG, NEW DELHI- 2…..COMPLAINANT
Vs.
M/S ARUN DEV BUILDERS LIMTED
F-1211, CHITRANJAN PARK,
NEW DELHI- 110019
ALSO AT:
N-10, KALKAJI,
NEW DELHI.…..RESPONDENT
Date of Institution-11.07.2013
Date of Order- 23.12.2022
O R D E R
RITU GARODIA-MEMBER
The complaint pertains to deficiency in service on part of OP with respect to non delivery of plot.
Brief facts as stated in complaint are that OP is in the business of land development and construction. It is stated that OP approached the complainant for booking of a plot in a project namely Dev City Bhiwadi. The complainant booked a plot admeasuring 152 sq. yards @ of Rs. 3191 per sq. yard in the aforesaid project. He made a payment of Rs. 3, 44,125/- towards the said booking by way of installments. The first installment was paid on 04.05.2008 and last was paid on 16.06.2012.
Notice was issued to OP. No written statement was filed despite repeated opportunities given to file reply. The right to file written statement by OP was closed vide order dated 01.06.2015
The complainant has filed evidence by way of affidavit, copy of allotment letter dated 15.12.2009, copy of receipts dated05.05.2008,24.06.2008,10.09.2009,28.12.2009, 05.01.2011,tabular details of payment and a copy of legal notice with acknowledgement.
The Commission has given thoughtful consideration to material on record. The complainant has filed OP’s allotment letter dated 15.12.2009 which categorically states that a booking for a 152 sq. yard plot was made vide registration No. 66222 in Dev City,Bhiwadi, in the name of Mr. VikrantArora.
Complainant has filed the following receiptsissued by OP:
S.NO. | DATE of Receipts | AMOUNT | BANK NAME | Date of cheque | CHEQUE NO. |
1 | 05.05.2008 | 127125 | Bank of Baroda | 04.05.2008 | 500891 |
2 | 24.06.2008 | 33000 | Standard Chartered Bank | 23.06.2008 | 156670 |
3 | 10.09.2009 | 33000 | Standard Chartered Bank | 07.09.2009 | 325303 |
4 | 28.09.2009 | 118000 | Bank of Baroda | 15.12.2009 | 526591 |
5 | 05.01.2011 | 33000 | Bank of Baroda | 17.12.2010 | 526600 |
It is manifestly clear from the aforementioned receipts that OP has received Rs. 3,44,125/- for allotment of a plot vide registration NO. 66222.
The complainant has categorically stated that he has not received the possession of the plot. In the absence of any denial or rebuttal by OP, the complainant’s stands regarding deficiency in service stands proved.
Hence we find OP guilty of deficiency in service in not handing over the possession of the plot in question and direct it to pay an amount of Rs. 3,44,125/- with 9 % interest p.a. from 06.03.2013 i.e. the date of legal notice till realization, Rs. 30,000/- as compensation for mental harassment and Rs. 5,000/- towards litigation charges.
This order be complied with within 30 days from the date of receipt of the order. Copy of the order be supplied/ sent to the parties free of cost as per rules.
File be consigned to record room.
