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.582/2010

SH. MINENDER BHALLA

S/O SH. D.N. BHALLA,

BG, GROUND FLOOR,

ALSA CRESENT COURT APARTMENTS,

LANDONS ROAD, KILPAUK,

CHENNAI-600010

                                                            …………. COMPLAINANT                                                                                           

                                                Vs.

M/S M-TECH DEVELOPERS LTD.,

ANS HOUSE, 144/2 ASHRAM,

MATHURA ROAD,

NEW DELHI-110014

                                                …………..RESPONDENT

                                                                                    Date of Order:20.01.2016

O R D E R

A.S. Yadav – President

In brief the case of the complainant is that he booked  a plot measuring 200 sq. yards in Camellia Valley project in Neemrana(NCR) and paid a sum of Rs.1,75,000/- as registration amount.  The rest of the amount was to be paid in instalments.  Complainant came to know that OP has not initiated Camellia Valley project in Neemrana till March 2009.  Complainant requested OP to cancel the allotment and refund the amount.

It is further stated that OP agreed to cancel the allotment.  Complainant submitted the documents for cancelation of allotment namely original deed of surrender dated 13.04.2009, original NOC from agent and original receipt.  OP assured complainant that amount will soon be refunded with 12% interest.  OP only refunded a sum of Rs.20,000/- vide cheque No.578853 dated 12.12.2009 and the remaining amount has not been refunded despite reminder.

 It is prayed that OP be directed to refund Rs.1,55,000/- alongwith interest @ 12% p.a. on Rs.1,75,000/- and also to pay Rs.1 lakh as compensation .

The only plea taken by OP in the reply is that as per the rule they are entitled to deduct 20% amount of the booking amount in case of cancellation of booking and also the complaint is time barred.

 We have heard Ld. Counsel for parties and carefully perused the records. 

Complainant surrendered the original documents on 23.05.2009.  Pursuant of the surrender of documents, a sum of Rs.20,000/- was paid on 12.12.2009 however the rest of amount was not paid.  Accordingly complainant filed the present complaint on 29.10.2010.  The complaint is very much in time and not barred by limitation. 

OP has not placed anything on record to show that it was entitled to deduct 20% amount even otherwise there is no question of deducting any amount as the booking was made in March 2007 and till April 2009 nothing was done at the spot.  Complainant was justified in asking for refund of his amount as it is clear cut case of deficiency in service on the part of OP.

Complainant is entitled for the refund of Rs.1,55,000/- alongwith interest @ 10% p.a. from the date of filing of complaint as well as entitled to Rs.10,000/- towards compensation and Rs.,5,000/- towards litigation cost.

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)                                                                        (A.S. YADAV)

            MEMBER                                                                              PRESIDENT