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.25/2010

SH. SIDDHANT JAIN

FLAT NO.M-310, VIJAY RATAN VIHAR,

SECTOR 15, PART-II,

GURGAON, HARYANA

                                                            …………. COMPLAINANT                                                                                           

                                                Vs.

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

THROUGH SH. MEHINDER SHARMA

ANS HOUSE, LGF, 144/2 ASHRAM,

MATHURA ROAD,

NEW DELHI-110014

ALSO AT:-

HOUSE NO.E-156,

GREATER KAILASH-I,

NEW DELHI-110048

                                                …………..RESPONDENT

AND

Case No.26/2010

SH. PRAMOD SHARMA

E-311, DABUA COLONY,

NIT, FARIDABAD, HARYANA

                                                            …………. COMPLAINANT                                                                                            

                                                Vs.

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

THROUGH SH. MEHINDER SHARMA

ANS HOUSE, LGF, 144/2 ASHRAM,

MATHURA ROAD, NEW DELHI-110014

ALSO AT:-

HOUSE NO.E-156,

GREATER KAILASH-I,

NEW DELHI-110048

                                                …………..RESPONDENT

                                                                                    Date of Order:19.01.2016

O R D E R

A.S. Yadav – President

By this order we shall dispose of the aforesaid complaints as the common question of fact and law is involved.  For the sake of reference, facts of case no.25/2010 are detailed. 

In brief the case of the complainant is that he booked  a plot measuring 200 sq. yards in the project Of OP at Bhiwadi, Rajasthan by the name of Camellia Garden-II and paid a sum of Rs.2 lakhs by way of cheque dated 14.08.2006.  OP promised to complete the project within a period of one year but nothing was done.  Complainant received a letter dated 26.07.2007 from OP wherein it was stated that the project at Bhiwadi is under progress and OP will intimate the progress detail of the same separately. 

It is further stated that till date no progress has been intimated by OP and more than three years have passed since the plot was booked but possession has not been delivered.  It is stated that it is a clear cut case of deficiency in service on the part of OP.  Complainant sent a letter dated 03.07.2009 to OP requesting it either to deliver the possession of the plot or refund the aforesaid amount with 24% interest.  OP vide letter dated 15.07.2009 stated that they are ready to refund the booking amount of Rs.2 lakhs in five instalments however OP refused to pay the interest.  OP also laid a condition for obtaining NOC from a dealer.  There was no privity of contract between the complainant and the dealer.  Since the amount was not refunded by OP, complainant was constrained to send a legal notice dated 07.9.09 intimating them to deliver the possession of the plot or to refund the amount but the aforesaid notice was not complied with by OP and that tantamount to unfair trade practice. 

It is prayed that OP be directed to refund Rs.2 lakhs alongwith interest @ 24% p.a. and also to pay Rs.5 lakhs as compensation .

The only plea taken by OP in the reply is that this Forum has no jurisdiction to entertain the present complaint as complainant is seeking recovery of money which is a subject matter of civil court.  Complaint is also barred by limitation.  It is further stated that OP is entitled to deduct 20% amount of the booking amount on the surrender of the said allotment.

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

It is a fact that booking was made in 2006 and the letter dated 15.7.09 of OP shows that due to the change in jurisdiction of Authority granting approval, the approval would be granted in 2-3 months meaning thereby that even after three years of booking of the plot, OP did not have the approval for the project. 

Vide letter dated 15.07.2009, OP has agreed to refund the amount in five instalments.  Since the amount was not refunded hence this complaint was filed on 14.01.10 so there is no question of same being barred by limitation.

 It is clear cut case of deficiency in service on the part of OP.

In case No.25/2010 and case No.26/2010, complainant is entitled for the refund of Rs.2,00,000/- 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