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.276/2010

MR. ALOK JAITLEY

S/O SH. K.N. JAITLEY VATSYAYAN

117-MEENAKSHI GARDEN,

NEAR TILAK NAGAR,

NEW DELHI-110018

                                    …………. COMPLAINANT                                                                                           

                                                Vs.

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

ANS HOUSE, 144/2 ASHRAM,

MATHURA ROAD, NEW DELHI-110014

                                    …………..RESPONDENT

                        Date of Order:14.07.2016

O R D E R

A.S. Yadav – President

The case of the complainant is that he has booked a flat in the project of OP at Bhiwadi, Rajasthan and paid a sum of Rs.2,20,000/- in October 2006.  OP without getting a plan sanctioned issued a demand letter of first instalment and complainant further deposited a sum of Rs.2,17,500/- .  It is stated that even after deposit of a sum of Rs.4,37,500/- to the OP, complainant did not hear anything about the progress of the project henc complainant was left with no other option but to surrender the registration vide surrender letter dated 01.02.2010.  It is stated that OP has become dishonest on receipt of the surrender letter and has not made the payment.  Complainant has sought refund of amount of Rs.437500/- alongwith interest @ 24% p.a. plus Rs.4 lakhs towards compensation and Rs.1.5 lakhs towards litigation expenses and special costs.

OP in the reply took the plea that the complainant has concocted false story.  In fact complainant was unable to pay instalment and therefore he sought the refund.  It is stated that as per rules, OP is within its right to forfeit 20% of the booking amount in case any party fails to pay further instalment.

In rejoinder complainant stated that he got his principal money refunded without interest and compensation in July 2010 after lot of visits, pursuation and media intervention.

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

Complainant has placed on record an application wherein he has stated that he received the principal amount in July 2010 and this was verbally conveyed to this Forum on 08.04.11.  However, in ordersheet dated 08.04.2011, it is nowhere stated that the complainant has verbally conveyed to this Forum that he has received the principal amount.

It is significant to note that complainant has sought the refund of the amount of Rs.4,37,500/- on 03.02.2010.  Complainant has not claimed for interest.  Complaint on his own surrendered the registration.  It is nowhere mentioned in his application that he has surrendered the registration because OP is unable to complete the project. Complainant has already received the principal amount of Rs.4,37,500/- in July 2010. 

The OP has categorically stated that the refund is sought as complainant was unable to pay further instalment.

There is no deficiency in service on the part of OP as the principal amount has been paid.  Hence the complaint is dismissed.

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

     (D.R. TAMTA)                     (RITU GARODIA)                        (A.S. YADAV)

        MEMBER                               MEMBER                                  PRESIDENT