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.282/2010

SHRI SUNNY JAIN

S/O SH. RAKESH JAIN

R/O 25/35, SHAKTI NAGAR,

DELHI-110007

                                             …………. Complainant                                                                                        

Vs.

M/S M-TECH DEVELOPERS LTD.

THROUGH MANAGING DIRECTOR

REGD. OFFICE – M-TECH HOUSE, 144-4/A

4/B HARI NAGAR, ASHRAM,

NEW DELHI-110014

                                                          …………..Respondent

                                                                                 Date of Order: 01.06.2015

O R D E R

A.S. Yadav, President

            The case of the complainant is that he booked a two bed room flat in the proposed township called Camellia Garden-I at Bhiwadi, Rajasthan and paid a sum of Rs.1,20,000/- vide receipt bearing No.8820 dated 29.11.2006.  Thereafter complainant paid first instalment of Rs.1,80,000/- on 20.2.2007 and second instalment of Rs.1,50,000/- was paid on 24.4.2008.  OP demanded a sum of Rs.1,20,000/- @ Rs.100/- per sq. feet as external development charges(EDC) whereas at the time of booking, complainant was informed in writing that EDC would be Rs.75,000/- for a two bed room flat.  The complainant refused to deposit any further amount till the construction is over.  The complainant visited the site to get the exact position of the complex which as per OP was being developed in full swing.  The complainant was shocked to find that no construction was going on at the spot.  Complainant was deceived by OP.  Complaint has paid Rs.4.5 lakhs to the OP.  Since there was no progress in the project and OP insisted on paying EDC, complainant sought refund of the amount.  Complaint has prayed for refund of booking amount of Rs.4,50,000/- along with interest @ 20% p.a. from the date of deposit till realization and also Rs.5 lakhs as compensation.

OP in the WS has not disputed the fact that aforesaid amount has been deposited by the complainant.  However it is denied that at the time of booking, the complainant was informed that EDC will be Rs.75000/-.  It is denied that no construction work was under progress.  It is denied that OP was not having approval from the appropriate authorities.  It is submitted that complainant is entitled for withdrawal of the booking amount after deduction of 20%.  It is submitted that there was no deficiency in service on the part of OP. 

Complainant has stated that no construction was going on at the time of his visit at the site.  Onus was on OP to prove that necessary approval/permission for the project has been obtained form the appropriate authorities.  OP has not placed on record any approval or any photographs to show that the project was under progress.  It is significant to note that complainant has paid initial amount and thereafter paid two more instalments and in all he paid Rs.4,50,0000/- but till filing of the complaint neither possession was handed over nor amount was refunded.  It is clear cut case of deficiency in service on the part of OP.

OP is directed to refund a sum of Rs.4,50,000/- along with interest @ 9% p.a. from the date of deposit of amount till realization.  Complainant is also entitled to a sum of Rs.10,000/- as compensation and Rs.4,000/- towards litigation expenses.

            Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

                 (EHTESHAM-UL-HAQ)                                       (A.S. YADAV)

                       MEMBER                                                          PRESIDENT