ORDER

Per NIPUR CHANDNA, MEMBER

The complainant had booked a plot with the OP in their forth-coming project” New York City” on Mumbai. Nasik highway. It is alleged by the complainant that he had booked a plot of 200 sq. yds @ Rs. 1450 per square yards and had made a payment of Rs. 50,000/- through cheque no. 51518 dt. 15-04-2007 which was duly acknowledged by the OP vide receipt no. 6755-A/ No. 5054 JSR dt. 28- 
04-2007. It is further alleged by the comlaigant that the OP took the advance of Rs. 50,000/- from him but could not complete the process of p ject in time and failed to allot the plot within a period of 9 months as promised and started demanding installments without any logic. It is alleged by the complainant that the OP promised him to deliver the possession within 9 months from the date of booking but it got the requisite approvals’s only in December 2010. It is further alleged by the complainant that the OP has not handed over the physical possession of even one plot within complete facilities like approach road, street lighting, sewage complete systeme, drinking water pipeline and other govt. approval with clear title inspite of lapse of seven years against a period of 9 months as agreed to. The complainant alleged deficiency in service on the part of the OP. Hence, thiscomplaint. 
      The complaint has been contested by the OP. OP has filed a written statement wherein it has denied any deficiency in service on its part. It is stated by the OP that it is the complainant who is a defaulter, and had breached the agreement due to non-payment of the installment dues, and prayed for the dismissal of the complaint. 
        The complainant has filed his evidence by way of his affidavit. He has placed on record the copy of the receipt of the payments made by him. He has also placed on record the copy of the advance registration form dated 15-04-2007, copy of demand letter dated 01-01-2011 and the copy of the legal notice dated 28-01-2011 sent by him to the OP. 
Sh. Ajay Chabra, MD of the OP filed his evidence by way of affidavit. 
We have heard arguments advanced at the bar and have perused the record. 
The counsel for the OP has placed on record the demand letter sent by the OP to the complainant. He had contended that despite receiving the demand letter. Complainant had failed to fulfill the demand raised by the OP regarding the aforesaid plot, as such complainant is not entitled to get any relief and the complaint is liable to be dismissed.
The complainant has placed on record the copy of the advance registration form, which also contains the terms and conditions of the allotment. Condition no. 3 which is reproduced as under is essential for the disposal of this complaint.

3.That the offer being made for allotment of a Plot/ Flat/ Villa in your proposed schme shall as far as possible be made to me/ us within 9 months of my registration application made herein failing which I/ We shall be entitled to simple interest @ 10% thereafter.

As per condition no. 3 OP was liable to make the offer of allotment of plot to the complainant within 9 months from the date of application . but till today OP has not made any offer of allotment of plot to the complainant and as such had violated the terms and conditions of the allotement. The project has not made any headway despite the fact that the complainant had made the deposit in the year 2007. 
In these circumstances, we hold OP guilty of deficiency in servies and direct it as under:

1. To refund a sum of Rs. 50,000/- to the complainant alongwith interest @ 10 % from the date of deposit i.e. 15/04/2007 till payment. 
2. To pay to the complainant a sum of Rs. 15,000/- as compensation towards pain and agony suffered by him. 
3. To pay to the complainant a sum of Rs. 10,000/- as a cost of litigation.

   The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum.  IF the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.

Copy of the order be made available to the parties as per rule. 

    File be consigned to record room.

    Announced in open sitting of the Forum on.....................