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.879/2009

SH. SANJAY SEHRAWAT

S/O SH. MAHENDER SINGH

VPO – SUKHRALI,

GURGAON

…………. COMPLAINANT                                                                                     

                                    VS.

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

ANS HOUSE, 144/2 ASHRAM,

MATHURA ROAD,

NEW DELHI-110014

      …………..RESPONDENT

Date of Order:18.12.2015

O R D E R

A.S. Yadav – President

The case of the complainant is that he booked a flat in the project known as M-tech heights of OP.  The total cost of the flat was Rs.17,40,000/-.  Complainant deposited a sum of Rs.1,75,000/- as provisional registration amount by cheque dated 09.10.2006 drawn on SBI, Gurgaon as booking amount of 10% and also deposited first instalment of Rs.58,000/- cash on 27.05.2008 and remaining amount of first instalment i.e. Rs.1,16,000/- on 19.08.2008 vide cheque dated 27.06.2008 drawn on SBI, Gurgaon.  The total amount paid by complainant was Rs.3,49,000/-.

It is further stated that complainant has already deposited 20% of the total amount.  As per the understanding, OP was to demand instalment only after issuance of allotment letter but OP demanded the first instalment from complainant without allotting the flat and complainant deposited the same with OP.  When complainant enquired about the status of the project then he came to know that only one project has been launched by OP at Bhiwadi and no project of “Heights” launched by OP at Bhiwadi.

It is further stated that after waiting for almost three years, OP failed to launch the project as promised by them at the time of booking and making false commitments by giving false deadline for launching of the project.  Complainant finally cancelled the booking and surrendered the provisional registration alongwith original receipt to OP on 15.123.09 and accordingly OP issued a letter ‘Ref:374 dated 28.01.2009’ in which they assured that they will issue a demand draft of Rs.2,91,000/- after deducting Rs.58,000/- from the total amount of Rs.3,49,000/- to complainant on 19.7.2009.  Complainant waited for almost ten months to get his money and visited office of OP number of times but OP failed to refund the amount of Rs.3,49,000/-.  It is prayed that OP be directed to refund Rs.3,49,000/- with interest @ 24% plus Rs.20,000/- as compensation and Rs.11,000/- as litigation expenses.

OP in the reply took the plea that the matter was already settled for an amount of Rs.2,91,000/- against Rs.3,49,000/- and therefore the demand of complainant for Rs.349000/- is illegal and complaint is liable to be dismissed.  As per the rules and regulations, if any party surrenders his booking, then in such case the OP reserved a right to deduct 20% out of his booking amount.  Complainant paid Rs.3,49,000/- and out of which Rs.2,91,000/- was assured to be paid.  Rs.58,000/- were deducted as a penalty for surrendering the said booking.  It is stated that there was no deficiency in service on the part of OP.  It is further stated that this Forum has no jurisdiction to entertain the present complaint. 

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

So far as jurisdiction of this Forum is concerned, it is significant to note that OP all the receipts have been issued by the branch office of OP and booking was also made at the branch office of OP which was within the territorial jurisdiction of this Forum.  On the face of it, this Forum has got the jurisdiction to entertain the present complaint.

It is significant to note that in para 5 of the complaint, complainant has specifically stated that OP was to ask for instalment only after the issuance of allotment letter but OP demanded instalment without allotting the flat and in fact no project by the name of “HEIGHTS” has been launched by OP at Bhiwadi.  OP has not placed on record any document to show that project “HEIGHTS” was launched at Bihwadi.  Complainant has waited for almost three years but when nothing happened, he had no alternative but to withdraw the amount.  The complainant has specifically stated that he agreed to give up Rs.58,000/- only because he was in need of money but even that amount was not paid.  In rejoinder, complainant has specifically stated that Rs.2,91,000/- was to be paid by 19.7.09 but till date that amount was not paid.  OP has not placed any document on record to show that they were within their right to deduct 20% of the amount deposited by the complainant. 

As already stated OP has not placed anything on the record that the project heights was in progress at the time of seeking refund by the complainant.  Even if the complainant agreed to accept Rs.2.91 lakhs, the same was not paid by OP meaning thereby that OP has not honoured the so called settlement arrived with the complainant.  That settlement, if any, is of no use.  It is clear cut case of deficiency in service on the part of OP.

OP is directed to refund a sum of Rs.3,49,000/- alongwith interest @ 9% p.a. from the date of filing of the complaint.  OP is further directed to pay Rs.5,000/- as 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)                                                         (A.S. YADAV)

                 MEMBER                                                               PRESIDENT