Haryana

Sonipat

CC/326/2014

HARINDER SINGH S/O OM PARKASH - Complainant(s)

Versus

1. TDI INFRASTRUCTURE LTD.,2. THE BRANCH MANAGER TDI INFRASTRUCTURE LTD. - Opp.Party(s)

MAHENDER MALIK

28 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

 

                             Complaint No.326 of 2014

                             Instituted on:01.12.2014

                             Date of order:28.04.2016

 

Harinder Malhotra son of Om Parkash Malhotra, r/o H.No.108, Jeewan Nagar, Sonepat.

                                      ...Complainant.

                      Versus

 

1.M/s TDI Infrastructure Ltd., Vandana Building, 1 Tolstoy marg New Delhi through its Managing Director.

2.The Branch Manager, TDI Infrastructure Ltd, TDI City, GT road, Kundli, distt. Sonepat.

                                      ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Shri Mahender Malik, Adv. for complainant.

           Sh. Virender Tyagi Adv. for respondents.

         

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

       

O R D E R

 

         Complainant has filed the present complaint against the respondents alleging therein that he has applied with the respondents for the allotment of a residential plot measuring 250 Sq. yards in their future township project and has deposited Rs.587500/- with the respondents vide cheque dated 20.2.2006.  But even after expiry of more-than 8 years, the respondents have not bothered to issue the allotment letter to the complainant and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.       The respondents appeared and have filed the written statement submitting therein that the complainant has booked the plot measuring 250 Sq. yards and has deposited Rs.5,87,500/- with the respondents, but after the deposit of the said amount, the complainant did not deposit even a single rupee with the respondents despite various letters and ultimately the booking of the plot in favour of the plot was cancelled on 23.9.2008.  So, it cannot be said that there was any deficiency in service on the part of the respondents and thus, prayed for the dismissal of the present complaint.

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.       Ld. Counsel for the complainant has submitted that the complainant has booked a residential plot measuring 250 sq. yards and has deposited Rs.587500/- with the respondents vide cheque dated 20.2.2006.  But even after expiry of more-than 8 years, the respondents have not bothered to issue the allotment letter to the complainant and that amounts to a grave deficiency in service on the part of the respondents.

         On the other hand, ld. Counsel for the respondents has submitted that the complainant has booked the plot measuring 250 Sq. yards and has deposited Rs.5,87,500/- with the respondents, but after the deposit of the said amount, the complainant did not deposit even a single rupee with the respondents despite various letters and ultimately the booking of the plot in favour of the plot was cancelled on 23.9.2008.  So, it cannot be said that there was any deficiency in service on the part of the respondents.

         From the above contentions of the respondents, it is clear that the residential plot was booked by the complainant by depositing Rs.587500/- with the respondents. Further as per the respondents, they have cancelled the booking on 23.9.2008 since the complainant has failed to deposit any other amount after the deposit of Rs.587500/- with the respondents.

         So, in our view, since the allotment has been cancelled by the respondents, there is no justification on the part of the respondents to retain the amount of the complainant any more.

         Rather the ends of justice would be fully met if some directions are given to the respondents to refund the amount to the complainant. Accordingly, we hereby direct the respondents to refund the amount of Rs.587500/- (Rs.five lacs eighty seven thousand five hundred) to the complainant alongwith interest at the rate of 09% per annum from the date of filing of the present complaint till realization.

         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)            (Nagender Singh-President)

DCDRF, Sonepat.                       DCDRF, Sonepat.

 

Announced:28.04.2016