Delhi

East Delhi

CC/141/2015

VIRENDER SINGH - Complainant(s)

Versus

ANSAL - Opp.Party(s)

05 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  141/15

 

Shri Virender Singh

& Mrs. Reema Gill

R/o 4470, Gali No. 6, Ajit Nagar

Gandhi Nagar, Delhi – 110 031                                               ….Complainant

 

Vs.

 

M/s. Ansal Properties & Infrastructure Ltd.

Regd. Off.: 115, Ansal Bhawan,

16, Kastruba Gandhi Marg

New Delhi – 110 001                                                                    …Opponent

 

 

Date of Institution: 24.02.2015

Judgement Reserved on : 17.10.2017

Judgement Passed on: 23.10.2017

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Shri Virender Singh and             Mrs. Reema Gill against M/s. Ansal Properties and Infrastructure Ltd. (OP), under Section 12 of the Consumer Protection Act, 1986. 

2.         The facts in brief are that the complainant booked a flat in Screne Residency, Greater Noida and deposited registration amount of                Rs. 1,00,000/- by cheque no. 000005 and 139432 drawn on Kotak Mahindra Bank towards advance deposit. 

            At the time of offering the flat, respondent assured the complainant that if the company is not in a positing to make offer of allotment, the complainant have the right to withdraw the money with interest  within a period of 6 months from the date of application.  The complainant made all payments as follows:-

Amount                     Dated                         Cheque no.

Rs. 1,00,000/-           18.08.2013                000009

Rs. 50,000/-               26.02.2014                031836

Rs. 50,000/-               10.03.2014                031837  

            The complainant booked the flat in July 2013 and paid a total amount of Rs. 3,00,000/- till 10.03.2014, but did not receive the allotment letter of the flat.  He visited at the office of the respondent and also sent a legal notice, but did not get any satisfactory reply.  Thus, he has prayed for directions to respondent to refund the deposited amount of     Rs. 3,00,000/- alongwith 18% interest since July 2013; Rs. 1,00,000/- compensation on account of harassment, mental agony and pain and Rs. 25,000/- towards cost of litigation.

3.         Notice of the complaint was given to OP, but they did not appear.  Thus, they were proceeded ex-parte.

4.         In support of its complaint, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts, which have been stated in the complaint. 

5.         We have heard Ld. counsel for the complainant and have perused the material placed on record as none has appeared on behalf of OP.  From the testimony of the complainant and the documents placed on record, it is evident that the complainant have booked the flat with OP and have paid a booking amount of Rs. 1,00,000/- and further paid an amount of Rs. 2,00,000/-, as demanded by OP from time to time.  Thus, the complainant have paid a total amount of Rs. 3,00,000/-, however, the company have failed to issue allotment letter.  The fact that OP have failed to issue the allotment letter without any reason, certainly, the complainant is entitled for refund of the amount deposited by him with OP.  By not issuing the allotment letter, the complainant have suffered mental pain and agony for which he has to be compensated. 

            In view of the above, we order that M/s Ansal Properties & Inf. Ltd. (OP) shall refund the amount of Rs. 3,00,000/- with 9% interest from the date of filing.  We further award compensation of               Rs. 20,000/-, which includes the cost of litigation.

          The order be complied within a period of 45 days, if not complied, the amount of compensation of Rs. 20,000/- shall also carry 9% interest from the date of order.

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

     Member                                                                                   President