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.42/2012
SMT. SUNITA D/O SH. AMAR NATH,
R/O PATTI KILHORE, NEAR KANHAI MODE,
V.P.O. JHARSA, GURGAON
…………. COMPLAINANT
Vs.
M/S M-TECH DEVELOPERS PVT. LTD.,
ANS HOUSE, 144/2, ASHRAM,
MATHURA ROAD, NEW DELHI-110014
THROUGH ITS DIRECTOR/MD
…………..RESPONDENT
AND
Case No.43/2012
SMT. ANJU D/O SH. AMAR NATH,
R/O PATTI KILHORE, NEAR KANHAI MODE,
V.P.O. JHARSA, GURGAON
…………. COMPLAINANT
Vs.
M/S M-TECH DEVELOPERS PVT. LTD.,
ANS HOUSE, 144/2, ASHRAM,
MATHURA ROAD, NEW DELHI-110014
THROUGH ITS DIRECTOR/MD
…………..RESPONDENT
Date of Order: 26.04.2016
O R D E R
A.S. Yadav – President
By this order we shall dispose of the aforesaid complaints as the common question of fact and law is involved. For the sake of reference, facts of case no.42/2012 are detailed.
The case of the complainant is that she booked a plot measuring 160 sq. yds. in the project of OP at Bhiwadi(Rajasthan) @ 4224 per sq. yd. and paid booking amount of Rs.1,75,000/- through cheque no.033704 dated 02.09.2006. It is stated that OP promised to hand over the possession of the aforesaid plot. But neither possession of the plot was handed over nor the amount was refunded. Complainant was constrained to serve legal notice dated 23.12.11 to OP but even that legal notice was not complied by OP.
OP in the reply took the plea that the complainant has not paid the instalment as per the agreement and in fact complainant was unable to pay remaining instalment as she was not financially sound. It is submitted that as per rule OP was entitled to deduct 20% of the booking amount in case a party fails to pay further instalment. It is submitted that there is no deficiency in service on the part of OP. It is prayed that complaint be dismissed.
We have heard Ld. Counsel for the parties and carefully perused the record.
It is an admitted fact that complainant paid a sum of Rs.1,75,000/- on 02.09.2006 and the present complaint was filed in the year 2012. During this entire period OP has not sent any letter to complainant asking her to pay the instalment. OP has not placed on record anything to show that the plot has been allotted to complainant. OP has not placed anything on record to show that they have obtained requisite permission from appropriate government or that the plot was ready for possession. So far as deduction of 20% of the booking amount is concerned, there is nothing on the record to show that there was any agreement between the parties whereby OP was within its right to deduct 20% of the booking amount. In fact in this case OP has failed to prove that the plot was ready for possession and the possession was not given only on account of non payment of the money by complainant. As already stated not a single letter has been sent to complainant informing about the allotment of plot or asking her to pay the amount. Under these circumstances complainant has proved deficiency in service on the part of OP.
OP is directed to refund the amount of Rs.1,75,000/- to complainant alongwith 9% interest p.a. from the date of payment. OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation expenses in both the cases.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R.TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
