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.147/2014

SH. ASEEM KUMAR SNEHI

S/O SH. PARKASH CHAND SNEHI

H.NO.611, SECTOR 21,

GURGAON(HARYANA)

                                             …………. COMPLAINANT                                                                                  

Vs.

M/S M-TECH DEVELOPERS PVT. LTD.

144/2 ASHRAM, MATHURA ROAD,

NEW DELHI-110014

                                                          …………..RESPONDENT

Date of Order: 08.08.2016

O R D E R

A.S. Yadav – President

In brief the case of the complainant is that he booked a flat with OP in their project named MTech Heights Bhiwadi in December 2006 and paid a total amount of Rs.3,50,000/-.  After taking that amount, the OP never intimated complainant about progress of the project.  In fact the project was never initiated.  Accordingly complainant approached to OP on 15.04.11 for refund of the amount and submitted the original documents, however he was told that the amount will be refunded after six months. 

It is stated that the company kept his money i.e. Rs.3,50,000/- for more than seven years and at the end of seven years, the company was to pay a sum of Rs15,77,683/- inclusive of compound interest @ 24% plus Rs.5 lakhs for compensation i.e. total amount of Rs.20,77,683/-. 

It is further stated that on 30.10.2013 complainant made a complaint to DCP Economic Offences Wing Delhi who forward it to Hon’ble High Court of Delhi.  The court called complainant on 06.01.2014 vide notice dated 06.12.2013.  Complainant attended the court and received a sum of Rs.3,50,000/- vide cheque No.478867.  The court advised complainant to approach this Forum for further claim.  It is submitted that complainant has yet to get the balance amount i.e. Rs.17,27,683/-.

OP in the reply took the plea that this complaint is not maintainable as it has paid all the amount to the complainant and the demand is unjust and unfair.

We have heard complainant as well as Ld. Counsel for the OP and carefully perused the record.

It is not in dispute that the complainant sought refund of Rs.3,50,000/- vide letter dated 15.04.2011.  Vide this letter the complainant has surrendered the original receipt.  It is nowhere stated in this letter that the complainant has sought the refund of Rs.3,50,000/- alongwith compound interest @ 24%.  In fact complainant has sought refund of only Rs.3,50,000/-.  It is admitted fact that amount has been refunded to the complainant by the Nodal Officer appointed by the Hon’ble High Court of Delhi. 

Ld. Counsel for OP has placed reliance of the observation of the Hon’ble High Court of Delhi in case of Amit Kr Jha and Ors Vs State of Delhi in Bail Application No.303/2011 where Hon’ble High Court of Delhi vide order dated 17.12.2013 held that:-

“In the considered opinion of this Court, it needs to be clarified once for all that a complainant/investor who choose to settle with petitioners cannot ride in two boats.  That is to say, to piece meal settle here and to pursue remedy for the interest component.”

In this case the fact is that the complainant sought refund of Rs.3,50,000/- and the same was refunded to him.  The present complaint for claim of compound interest @ 24% is not maintainable.  Hence 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