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.07/2012
SMT. MEENU
W/O SH. NEERAJ CHHABRA
H.NO.908, SECTOR-31, GURGAON
…………. COMPLAINANT
Vs.
- M/S M-TECH DEVELOPERS LTD.,
THROUGH ITS DIRECTOR
ANS HOUSE, 144/2, ASHRAM,
MATHURA ROAD, NEW DELHI-110014
ALSO AT:-
M/S M-TECH DEVELOPERS LTD.,
M-TECH HOUSE, 144-4/A, 4/B, HARI NAGAR,
ASHRAM, NEW DELHI-110014
- SH. AMIT JHA
CEO/MD/DIRECTOR
M/S M-TECH DEVELOPERS LTD.,
ANS HOUSE, 144/2, ASHRAM,
MATHURA ROAD, NEW DELHI-110014
…………..RESPONDENTS
Date of Order: 26.07.2016
O R D E R
A.S. Yadav, President
The case of the complainant is that he approached to OPs for booking a residential plot measuring 200 sq. yds. @ Rs.4100/- per sq. yds. in their project Camellia Garden-II, Bhiwadi(Rajashtan) at Delhi office of OPs. OPs are engaged in the business of Real Estate Developers and floating and launching the residential and commercial plots in Rajasthan. Complainant paid Rs.2,05,000/- through cheque dated 03.12.2006 and was issued receipt dated 06.12.2006 by OP. Thereafter complainant visited office of OP and requested either to handover the possession of plot or to return the payment alongwith interest.
It is further stated that OP vide letter dated 17.6.10 assured complainant to allot the plot within a period of two months. After two months when complainant approached the OP either to hand over physical possession of plot or to return the amount, she was asked to get the No Objection for surrender of booking from AXIOM Properties. Complainant obtained No Objection Certificate from Axiom Properties vide letter dated 29.1.2011 and submitted to OP and at that time she was assured by OP that they will handover the possession of plot within 3 months or refund the amount with 18% interest. OP has failed to make payment to complainant or to hand over the possession of the plot to complainant. OPs are illegally and unlawfully retaining the amount of the complainant since 06.12.2006 till date. Complainant sent legal notice dated 07.12.2011 to OPs but OPs did reply to legal notice till date. Complainant has prayed that OP be directed to handover the possession of plot or in alternative refund a sum of Rs.2,05,000/- alongwith 18% interest p.a. from 06.12.2006 till actual realization and also to pay Rs.1 lakh towards mental agony and Rs.15,000/- towards litigation charges.
OP in the reply took the plea that present complaint is barred by limitation. It is stated that the payment was made in the year 2006 and the present complaint has been filed in 2011. The cause of action, if any, arose in the year 2006 hence the present complaint is barred by limitation. Complaint is not maintainable as the complainant has not paid the instalment and as per rule, 20% of booking amount would be deducted if any party fails to pay further instalment and even otherwise the complainant has taken full and final payment and the present complaint has been filed with a dishonest intention. It is stated that there is no deficiency in service on the part of OP rather it is complainant who has not paid the instalment. It is prayed that the complaint be dismissed.
We have heard Ld. Counsel for the parties and carefully perused the record.
It is an admitted fact that the complainant booked a plot measuring 200 sq. yards @ Rs.4100/- per sq. yard and paid a sum of Rs.2,05,000/- vide receipt dated 06.12.2006. It is an admitted fact that till filing of this complaint even the allotment of plot has not been made. Vide letter dated 17.06.2010, OP assured complainant for allotment of plot within two months even thereafter the plot was not allotted. It is an admitted fact that the complainant sought allotment of plot or in alternative refund of the amount. Since the plot was booked through Axion Properties who were the agent of OP, OP asked complainant to take No Objection Certificate from the agent for refund of amount. Complainant took the No Objection Certificate and submitted the same to OP for refund of the amount. Even thereafter the amount was not refunded. So far as non-payment of instalment on the part of complainant is concerned, OP has not placed any agreement on the record to show the time by which instalment were to be paid by the complainant. Furthermore OP has not demanded any instalment from the complainant. So far as deduction of 20% of booking amount is concerned, again OP has not placed any agreement to show that in case of default in paying the instalment, OP was entitled to deduct 20% of amount. It is wrongly averred in the written statement that full and final payment has been made. In fact the complainant was asked to file an affidavit in this regard and complainant filed affidavit that she has not received any amount from OP and during the course of arguments, OP admitted that payment has not been made. It is a clear cut case of deficiency in service on the part of OP.
OP is directed to refund Rs.2,05,000/- alongwith interest @ 9% p.a. from the date of filing of the complaint. OP is further directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards litigation expenses.
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) (RITU GARODIA) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
