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.131/2012

MR. KAPIL KAPOOR

THROUGH AUTHORIZED REPRSETATIVE

MR. K.L. KAPOOR

C-11/232, SECTOR-3,

ROHINI, NEW DELHI-110085

…………. COMPLAINANT                                                                                     

VS.

M/S M-TECH DEVELOPERS LTD.,

THROUGH ITS CEO

M-TECH HOUSE, 144/2, HARI NAGAR,

ASHRAM, NEW DELHI-110014

      …………..RESPONDENT

                                                                                             Date of Order:15.09.2016

O R D E R

A.S. Yadav – President

It is not in dispute that complainant booked a flat in the “M.Tech Heights” project of OP in Bhiwadi, Rajasthan and paid a sum of Rs.1,75,000/- on 14.07.2007.  At the time of booking of the flat, OP assured that they would start the project at the earliest however, OP never started the project and in fact the same was shelved by the OP company.  Complainant requested OP number of times for refund of the amount however, the same was not refunded.  Ultimately complainant sent a letter dated 16.02.2012 for refund of the amount despite that the amount was not refunded.  It is stated that it is a clear cut case of deficiency in service on the part of OP.  It is prayed that OP be directed to refund the amount of Rs.1,75,000/- alongwith interest @ 18% plus Rs.1 lakh for compensation and Rs.25,000/- for litigation expenses.

OP in the reply only stated that the complainant has not made the payment of instalments.  OP has not disputed that the aforesaid project was shelved.  OP has not placed anything on the record to show that the permission for the aforesaid project was granted by the appropriate authority or in fact the project was ever completed or even any progress was made towards completion of that project.  Non-refunding of the amount despite letter dated 16.02.2012 tantamounts to deficiency in service on the part of OP.

            OP is directed to refund Rs.1,75,000/- alongwith interest @ 9% p.a. from August 2007.  OP is further directed to pay Rs.5,000/- towards compensation and Rs.5,000/- towards litigation expenses.

Let the order be complied 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)                     (RITU GARODIA)                        (A.S. YADAV)

        MEMBER                               MEMBER                                  PRESIDENT