Haryana

StateCommission

A/1065/2015

TDI INFRASTRUCTURE LTD. AND ANOTHER - Complainant(s)

Versus

GAURAV GUPTA - Opp.Party(s)

MUNISH GUPTA

03 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      1065 of 2015

Date of Institution:    14.12.2015

Date of Decision :     03.02.2017

 

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

2.      TDI Infrastructure Limited, Office at TDI City, Kundli, District Sonepat, through its Manager.

          Through their authorized representative Sh. Tejinder Rathee son of Sh. D.P. Rathee, resident of House No.3280, Sector 15, Sonepat.

                                      Appellants-Opposite Parties

Versus

 

Gaurav Gupta son of Laxmi Narain Gupta, resident of House No.H-38, IInd Floor, DDA Flats, Naraina, New Delhi and 482/37, Janta Colony, Rohtak.

Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member

                                                                                                                  

Argued by:          Shri Bhupinder Singh, Advocate for appellants.

                             Shri Manish Joshi, Advocate for respondent.

 

                                                   O R D E R

NAWAB SINGH J.(ORAL)

 

This appeal has been preferred by TDI Infrastructure Limited and its functionary-opposite parties (for short, ‘builder’) against the order dated November 03^rd, 2015, passed by District Consumer Disputes Redressal Forum, Sonepat (for short ‘the District Forum’) whereby complaint filed by Gaurav Gupta-complainant was allowed. The builder was directed to issue allotment letter of flat in My Floor One in TDI City, Kundli, Sonepat and to pay Rs.20,000/- as compensation and litigation expenses to the complainant.

2.      Gaurav Gupta-complainant booked flat in My Floor One in TDI City, Kundli, Sonepat with the builder. The complainant paid Rs.3,50,000/- to the builder. The Builder did not give offer of possession to the complainant despite his repeated requests.  Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed.

3.      The Builder, in its written version pleaded that the complainant did not turn up to deposit the balance amount.  He had paid only Rs.3,50,000/-.   

4.      Indisputably, the flat was booked by the complainant by paying Rs.3,50,000/- vide receipt dated February 24^th, 2010.  There is nothing on record to show that an attempt was ever made by the Builder to offer possession to the complainant. The Builder has not been able to show any justifiable reason not to issue allotment letter to the complainant. The Builder is trying to feather its own nest, that is, to make profit, for itself, at the cost of others. It will be travesty if the complainant is made to suffer for the deliberate, inaction and negligence of the Builder.  Thus the Builder is directed to issue allotment letter to the complainant in the project ‘My Floor One’ in TDI City, Kundli, Sonepat within thirty days from the date of receipt of this order and the complainant shall pay the entire amount to the builder.  In case, the amount is not deposited, the builder shall have the right to cancel the allotment of flat.  The appeal stands disposed of accordingly.

5.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the builder against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced: 03.02.2017

(B.M. Bedi) Judicial Member

(Nawab Singh) President