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.131/2011
SH. RAJAN VASISHTHA
S/O LATE SH. M.L. VASHISTHA,
R/O 10/15, UGF,
EAST PATEL NAGAR,
NEW DELHI-110008
…………. COMPLAINANT
VS.
- M/S M-TECH DEVELOPERS LIMITED,
THROUGH MANAGING DIRECTOR
SH. MEHINDER SHARMA
M-TECH HOUSE, 144-A, 4/B,
HARI NAGAR, ASHRAM,
NEW DELHI-110014
- SH. MEHINDER SHARMA
MANAGING DIRECTOR
M-TECH DEVELOPERS LIMITED,
M-TECH HOUSE, 144-A, 4/B,
HARI NAGAR, ASHRAM,
NEW DELHI-110014
- SH. AMIT JHA
CHIEF OPERATING OFFICER
M-TECH DEVELOPERS LIMITED,
M-TECH HOUSE, 144-A, 4/B,
HARI NAGAR, ASHRAM,
NEW DELHI-110014
………….. RESPONDENTS
Date of Order:18.03.2016
O R D E R
A.S. Yadav – President
Complainant booked one flat with OPs at ‘M-Tech Heights’, Bhiwadi, Rajasthan and paid Rs.1,70,000/- vide cheque No.177739 dated 05.10.2006 which was duly honoured on presentation. However no copy of any agreement qua the said booking was handed over to complainant except a receipt of Rs.1,70,000/- on account of provisional registration of the above mentioned flat.
It is stated that vide letter dated 25.03.2008 complainant was called upon to make a payment of Rs.1,78,000/- towards the first instalment for the above said flat. Complainant was informed that the OP company has obtained NOC and construction work is about to start shortly. Complainant deposited an amount of Rs.1,78,000/- vide cheque No.453344 dated 10.05.2008 on 28.05.2008.
It is further stated that complainant made number of calls at the office of OPs for enquiries about the above mentioned project but no satisfactory reply was ever given by OP-1. Thereafter complainant sent a letter on 23.08.2010 to OP-1 through OP-2 to find out about the status of the project but no reply was received. Complainant visited personally the office of OP-1 and he was told that he will be contacted shortly and will be apprised about the progress of the project but no information was received from OP. On 28.11.2010 and 25.12.2010 complainant wrote letters to OP company but all in vain. On 28.01.2011 complainant received an e-mail from one Sh. Vivek Singh on behalf of OPs intimating him that absence of a clear Govt. policy and frequent changes have delayed the registration and approval of M-Tech Heights project as a result of which loan facility on the given project is yet not available.
It is further stated that complainant was further informed that the construction work at the site will start once OP company gets a clear mandate from the local authority. Complainant was further asked to contact Mr. Susheel Vats (GM-Marketing) or Mr. Amit Jha(COO-M-Tech Developers) regarding the refund of the amount of Rs.3,48,000/- deposited by complainant with OPs. As there was no satisfactory reply from OPs, complainant was constrained to issue legal notice dated 03.02.2011 calling upon the OPs to refund the amount alongwith interest @ 18%. However despite service of notice dated 03.2.11 no amount has been refunded to complainant till date. It is prayed that OP be directed to refund the amount of Rs.3,48,000/- alongwith interest @ 18% plus Rs.5 lakhs for damages and Rs.2 lakhs for mental harassment.
OP in the reply took the plea that the complaint is barred by limitation and there was no deficiency in service on the part of OP rather complainant has failed to pay further instalment and has concocted the present story with a view to get refund of his amount. As per rule OP can deduct 20% of the booking amount in case of failure on the part of complainant as and when required. Letters placed on the record are denied. It is submitted that no postal proof has been enclosed to substantiate that the said letters were sent to OP. It is prayed that complaint be dismissed.
We have carefully perused the record and gone through written submissions of the parties. It is significant to note that a flat was booked in October 2006 and a sum of Rs.1,70,000/- was paid and further an amount of Rs.1,78,000/- was paid in May 2008 but OP has not even started the project till 28.01.2011. In fact the letter dated 25.12.2010 and the reply to this vide letter dated 28.01.2011 was clinches the entire issue. It further shows that OP has no regard for truth. OP has stated that no letters have been received by OP. In the letter dated 25.12.2010 complaint has clearly stated that he has earlier written letters dated 23.08.2010 and 28.11.2010 but did not hear anything from OP. In this letter complainant has once again sought for the refund of his amount alongwith interest. This letter was duly replied by OP vide letter dated 28.01.2011. Para-1, 2 and 4 of this letter are important which are reproduced as under:-
- In absence of clear Govt. Policy and frequent changes have delayed the registration & approval of M-Tech–Heights project. Moreover we would like you to know that due to this reason, loan facility on the given project is yet not available. Just for your knowledge the construction work at this site will start once we get a clear mandate from the local authority. Meanwhile my sincere apology on behalf of the company regarding delay in the project.
- Going through your communication we would like you to offer wherein you can transfer your entire amount in our other running company project (Omega 14 & 15 – flat) at Camellia Garden-1, Bhiwadi. The construction on this site is in progress and would be handed over to the customer within couple of months i.e. April-May, 2011 approximately.
- Going through our communication, you have asked for annual interest on your principal amount i.e. Rs.3,48,000/-, regarding this you need to get in touch with Rs. Susheel Vats(GM-Marketing) or Mr. Amit Jha(COO-MTech Developers). Moreover the company is not giving any interest on the principle amount to any customer/investors.
It is nowhere stated in this letter that the earlier letters dated 23.08.2010, 28.11.2010 were not received. It is evident form the reply dated 28.01.2011 that in five years OP is unable even to start the project rather an offer has been made by OP to complainant for transfer of his entire amount in other project. OP has not placed any letter on record to show that they have ever demanded any instalment from complainant and the same has not been paid by him. Even vide reply dated 28.01.2011 OP has not leveled any allegations of default on the part of complainant. There is no question of complaint being barred by limitation. Complainant has been writing to OP for the refund of amount and OP vide letter dated 28.01.2011 has offered complainant for transfer of his amount in some other project. Complainant was constrained to serve a legal notice dated 03.02.2011 and even despite service of the notice the amount was not refunded. Accordingly this complaint was filed on 23.03.2011 hence the same is very much within limitation. It is proved beyond doubt that this is clear cut case of deficiency in service on the part of OP.
OP is directed to refund Rs.3,48,000/- alongwith interest @ 9% p.a. from June 2008 and also to pay Rs.30,000/- towards compensation and Rs.10,000/- for 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
