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.209/2013

SHRI RAJ KUMAR SAINI

S/O LATE SHRI KISHAN LAL SAINI

140/1, BHAGWAN NAGAR, NEW DELHI-110014

…………. COMPLAINANT                                                                                           

VS.

M/S M-TECH DEVELOPERS LTD.

A.N.S. HOUSE, 144/2, ASHRAM,

MATHURA ROAD, NEW DELHI-110014

………….. RESPONDENT

                                                                                    Date of Order:10.06.2016

O R D E R

A.S. Yadav – President

The case of the complainant is that as per the scheme launched by OP regarding allotment of plot in Neemrana, Rajasthan, complainant booked a plot measuring 200 sq yds. @ Rs.3500/- per sq. yds and paid a sum of Rs.1,75,000/- through cheque bearing No.239206 dated 20.1.2007.   

It is further stated that complainant contacted OP number of times regarding allotment of aforesaid plot.  In the month of January 2008 complainant again contacted OP regarding the allotment of the plot and instead of allotting the plot, OP advised complainant to surrender the previous registration slip of the plot in question and for transfer of his name in other project known as Camellia Garden II, Bhiwadi, Rajasthan and as per the assurances by OP, complainant booked the plot and also submitted and furnished all the required documents and completed all the formalities.

It is further stated on 05.8.10 OP sent a demand cum allotment letter regarding allotment of plot No.B-30 measuring 200 sq. yds.  situated in Camellia Garden II Bhiwadi, Rajasthan.  Complainant visited the site in question number of times and found that there was no plot at the said site and the said site was lying as jungle.  Accordingly, complainant wrote a letter to OP on 01.03.2013 regarding possession of the plot in question but the same was not replied.  Terming it as a case of deficiency in service, complainant has prayed that OP be directed to refund of Rs.1,75,000/- alongwith interest @ 24% p.a. and also to pay Rs.10 lakhs as compensation and Rs.50,000/- as cost of litigation.

OP in the reply took the plea that complainant is not a consumer as he has merely applied for allotment of plot.  Everything else is denied including the booking of the plot in the project in question, deposit of Rs.1,75,000/- or the surrender of registration slip of the plot in question.

In rejoinder complainant has rebutted the allegations made in the reply.  It is stated that in fact OP has duped the complainant by inducing him to invest his hard earned money in the aforesaid project.  It is stated that OP assured that the possession will be stated within a year but nothing was done in this regard. 

We have heard complainant as well as Ld. Counsel for OP and carefully perused the record.

In fact the reply filed by the OP is evasive.  It is proved on record that the complainant has booked a plot in the project of OP at Neemrana, Rajasthan for which a sum of Rs.1,75,000/- was paid.  However, the said project was not even initiated by the OP and therefore OP advised complainant to surrender the booking in respect of plot at Neemrana, Rajasthan and offered a plot in their Camellia project at Bhiwadi.  Accordingly complainant surrendered the same.  Copy of the surrender application is placed on record.  It is specifically stated that the original receipt has been surrendered.  Thereafter plot No. B-30 was allotted to the complainant in Camellia Garden II.  It is submitted by Ld. Counsel for complainant that there was nothing at the site.  Complainant has placed on record the photographs showing that there is no plot at the site rather some crop was standing at the so called project site.  Initial payment was made in the year 2007 and till 2010 nothing was done by OP.  It is a clear cut case of deficiency in service on the part of OP.

Complainant is a consumer.  He was allotted a plot.  He has already deposited Rs.1,75,000/- which has been kept by the OP till date but no possession has been delivered.  In fact complainant has sent a letter dated 01.3.13 to OP through registered post where it is specifically stated that he has visited office of OP number of times but no response was given to him.  It was further started that he made enquiries at the spot and no project has been started by OP till date.  It is further stated that he is ready and willing to pay entire dues of the plot.  Complainant requested OP to accept the remaining amount and deliver the actual possession of the plot.  This letter has not been replied by OP.  It clinches the entire issue.  Even after more than six years of booking of the plot nothing was done by OP.  Complainant has proved beyond doubt deficiency in service on the part of OP.

OP is directed to refund to complainant amount of Rs.1,75,000/-  with interest @ 9% p.a. from February 2007.  OP is also directed to pay Rs.10,000/- as 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)                                                                  (A.S. YADAV)

                   MEMBER                                                                         PRESIDENT