Haryana

Sonipat

99/2014

DR MONIKA GUPTA W/O DR. VIVEK MANGLS - Complainant(s)

Versus

1. TDI INFRASTRUCTURE LTD.,2. TDI CITY KUNDLI - Opp.Party(s)

ASHOK PANDIT

07 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

                                Complaint No.99 of 2014

                                Instituted on:16.04.2014

                                Date of order:15.04.2015

 

Dr Monika Gupta wife of Dr Vivek Mangla, resident of H.No.B-8/11, Sector 5, Rohni, Delhi.85.

                                           ...Complainant.

 

                        Versus

 

 

1.TDI Infrastructure Ltd., through its Managing Director, UG Floor, Vandana Building, 11, Tolstoy Marg, Cannaught Place, New Delhi.

2.TDI Infrastructure Ltd., office at TDI City, Kundli, distt. Sonepat throughits Manager.

 

                                           ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Ashok Pandit Adv. for complainant.

           Sh. Virender Tyagi Adv. for respondents.

          

 

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

        D.V.RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he has applied for a flat in the respondents’ project My Floor One at TDI City Kundli, Soinepat and has deposited Rs.3,50,000/- vide receipt no.134417 dated 24.2.2010 against customer ID no.KMF-10443. The respondents were supposed to communicate the complainant regarding allotment of flat within six months from the date of receipt of registration amount but till date no demand notice has been sent by the respondents.  The complainant many a times requested the respondents to offer the possession of the flat but of no use and this wrongful act of the respondents have caused unnecessary mental agony and harassment. So, the complainant has come to this Forum and has filed the present complaint.

2.        In reply, the respondents have submitted that the complainant has deposited an amount of Rs.3,50,000/-. As per booking form, the basic cost of the floor was Rs.26,50,000/-.  The complainant did not turn up to deposit the balance amount of booking even after deposit of only Rs.3,50,000/-.   The complainant was called several times by the respondents to deposit the balance dues but of no use and thus, question of allotment of floor to the complainant does not arise. The respondents have not caused any mental agony or harassment to the complainant as there is no deficiency in service on the part of the respondents and thus, prayed for the dismissal of the present complaint since the complainant is not entitled for any kind of relief from the respondents.

3.        We have heard the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        In the present case, the complainant has sought the relief to direct the respondents either to issue the allotment/possession letter and also to hand over the possession of the said flat to the complainant. The complainant has produced the document Ex.C1 to C8.  On the other hand, the respondents  have produced only two documents Ex.R1 and R2.

          As per document R1, the allotment shall be made within six months from the date of application.  At the receipt of the offer of allotment, the applicant shall accept the offer within 15 days of receipt of offer allotment by written communication. If the communication is not received within 15 days it shall be deemed to be accepted by the company.

          But it is very strange that till date the respondents have not allotted any flat to the complainant even after passing of about 5 years.  The complainant repeatedly requested the respondents to allot her the flat, but the respondents failed to give any satisfactory reply to the complainant.  The complainant also made a complaint Ex.C8 to SHO PS Connaught Place, Delhi and also made a complaint Ex.C9 to Economic Offence Wing, Mandir Marg, New Delhi.  But despite this, the complainant has not got any fruitful result from the respondents.  In our view, the complainant has been able to prove the deficiency in service on the part of the respondents.  Thus, we hereby direct the respondents to issue the allotment letter regarding her flat in My Floor One in TDI City Kundli, Distt. Sonepat and further to compensate the complainant to the tune of Rs.20,000/- (Rs.twenty thousands) for rendering deficient services, for causing unnecessary mental agony and under the head of litigation expenses.

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

(Prabha Wati Member) (DV Rathi Member)     (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF Sonepat         DCDRF, Sonepat.

 

Announced:15.04.2015