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.115/2012

SH. PRASHAN MITTAL

S/O DR. D.K. MITTAL

R/O H.NO.312, SECTOR-17A,

GURGAON

                                                            …………. COMPLAINANT                                                                                           

                                                Vs.

M/S M.TECH DEVELOPERS PVT. LTD.,

M-TECH HOUSE, 144-4/A, 4/B,

HARI NAGAR ASHRAM, NEW DELHI

ALSO AT:-

144/2, ANS HOUSE, MATHURA ROAD,

ASHRAM, NEW DELHI-110014

                                                …………..RESPONDENT

                                                                                    Date of Order: 26.09.2016

O R D E R

A.S. Yadav – President

Complainant booked a plot measuring 160 sq. yds. In the project of OP at Camellia Garden-II, Bhiwadi, Rajasthan and paid a sum of Rs.160,000/- as booking amount on 17.07.06.  Complainant was promised that possession of the plot will be given within one year but the same was not done.  OP vide letter dated 10.09.09 assured that the allotment letter shall be delivered in October 2009 but the same was not done.  It is stated that it is a clear cut case of deficiency in service on the part of OP.  Complainant has asked for possession of the plot or in alternative for refund of the amount with 24% interest from 17.07.07 and also compensation of Rs.50,000/-. 

OP in the reply took the plea that there was no deficiency in service on the part of OP rather it is the complainant who has not paid the further instalments.  It is submitted that the complaint be dismissed.

We have heard complainant as well as counsel for OP.

Ld. Counsel for OP has placed on record a cheque showing that the complainant has already received Rs.1,60,000/- vide cheque dated 19.08.13.  It is a fact that complainant has also filed complaint in Economic Offence Wing as well and as per the order of the Hon’ble High Court the aforesaid amount was returned to the complainant but OP has not filed anything on the record to show that the said amount was refunded towards full and final settlement. 

So complainant is entitled for interest @ 9% on Rs.1,60,000/- from filing of the complaint till 19.08.2013.  Complainant is also entitled for compensation of Rs.5000/-.

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