CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.199/2012

SHRI OM PRAKASH DHIYANIA

S/O LATE SHRI HARI SINGH

R/O QTR. NO.206/11, TYPE-IV(SPECIAL)

SECTOR-1, PUSHP VIHAR,

NEW DELHI-110017

                                                            …………. COMPLAINANT                                                                                           

                                                Vs.

M/S ARUN DEV BUILDERS LTD.

(THROUGH ITS MANAGING DIRECTOR/PROPRIETOR/CHAIRMAN)

CORPORATE OFFICE AT

F-89/11, OKHLA PHASE-I,

NEW DELHI-110020

F-1186, CHITRANJAN PARK,

NEW DELHI-110019

F-1211, CHITRANJAN PARK,

NEW DELHI-110019

REGISTERED OFFICE AT

612, YAMUNA APARTMENT,

HOLY CHOWK, DEVLI,

NEW DELHI-110062

                                    …………..RESPONDENT

Date of Order:07.09.2016

O R D E R

Ritu Garodia – Member

The complainant has filed his complaint against OP for refund of the amount paid to the OP for allotment of plot.  Complainant has paid Rs.5,22,300/- by December 2010.  OP failed to refund the amount or give possession of the plot.  Complaint prayed for the refund of the amount alongwith interest @ 24% and compensation for loss towards expected appreciation alongwith litigation cost.  Complainant alleges that he repeatedly asked for documents relating to the project but they were never provided to him. 

OP in its version has admitted that the plot has been booked by the complainant and booking amount has been deposited.  OP has further asserted that the complainant being a regular defaulter, the possession of the plot was not given to him.

We have gone through the pleadings and correspondence filed by both the parties and given final consideration to the arguments submitted by the complainant.  Complainant on the date of final argument, has filed an order of Hon’ble Delhi High Court vide CA No.430/2013 dated 19.12.13.  The orders are reproduced herein:-

“The learned counsel for the petitioner state that the entire amount has been paid by means of credit to the bank and account and also by way of pay order.  Since the matter stands settled, the company petition and the connected application are disposed of.”

Complainant has also admitted in the course of argument that the entire principal has been refunded by OP alongwith 9% interest.  He further prays for added interest of 24% alongwith litigation cost.  We have perused agreement between the parties.  Clause 7 of the agreement is reproduced as under:-

“The company reserves right at any time to reject my/our application and cancel my/our Provisional Registration without assigning any reason thereof and in such event I shall only be entitled to refund of the advance paid by me alongwith the simple interest @ 9% p.a. from the date of payment.”

It is a settled law that conduct of parties are governed by the terms and conditions of mutually agreed agreement. 

As the complainant has been paid as per agreement, as admitted by the parties, no consumer complaint is made out.  The complaint is dismissed.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

     (D.R. TAMTA)                     (RITU GARODIA)                        (A.S. YADAV)

        MEMBER                               MEMBER                                  PRESIDENT