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.364/2013
- SH. BHURI SINGH TOMAR
S/O SH. BHAGWATI SINGH
- SMT. VIJAY LAXMI
W/O SH. BHURI SINGH TOMAR
BOTH R/O H.NO.27-G, POKCET-2,
MIG COMPLEX, MAYUR VIHAR, PHASE-III,
NEW DELHI
…………. COMPLAINANTS
Vs.
M/S SUPERTECH LTD.
REGD. OFFICE:
1114, 11TH FLOOR, HEMKUNT CHAMBERS,
89 NEHRU PLACE, NEW DELHI-110019
ALSO AT:- SUEPRTECH HOUSE,
28-29, SECTOR-58, NOIDA-201301
THROUGH ITS MANAGING DIRECTOR/PRINCIPAL OFFICER
…………..RESPONDENT
Date of Order:31.08.2018
O R D E R
A.S. Yadav - President
The case of the complainant is that he booked a flat on 29.03.2010 bearing No.B-14-08A in the upcoming project of OP at Eco Village-I at Noida Extension (West) and paid a sum of Rs.50,000/- vide cheque dated 29.03.2010. OP promised to deliver possession by 31.01.2013. The complainant further paid a sum of Rs.98,466/- vide cheque no.264020. The complainant further paid a sum of Rs.1,90,000/- vide cheque dated 04.01.2013 and Rs.53,734/- vide cheque dated 20.03.2013. OP failed to deliver physical possession by 31.01.2013 even after repeated requests made by the complainant. As such the complainant requested OP either to hand over the possession of the flat or to cancel the booking and refund the whole amount. However, OP continued to linger on the matter of refunding the amount. Thereafter the complainant finding no alternative, surrendered the said allotment and OP assured that they will make the payment as per company policy, however, the amount was not refunded and the complainant was constrained to send a legal notice dated 08.05.2013 whereby calling upon OP to refund the amount of Rs.3,92,000/- alongwith interest @ 24% p.a. The notice was not complied with by OP. Terming the action of OP as deficiency in service, the present complaint has been filed whereby the complainant has sought refund of Rs.3,92,000/- alongwith interest and also sought compensation and litigation expenses.
OP in reply took the plea that the complainant has not approached this Forum with clean hands and concealed the material facts. It is submitted that it was the complainant who has voluntarily chose not to pay the consideration as per payment plan. It is further stated that at the time of booking on 29.03.2010, the complainant had to pay Rs.1,67,196/- but instead of that he had paid only Rs.50,000/- on 13.04.2010 and further paid installment of Rs.98,466/- on 03.06.2010. Thereafter no payment was made by the complainant in spite of number of opportunities given to him. Accordingly OP was constrained to cancel the booking vide cancellation letter dated 15.02.2012. After cancellation of said flat, OP refunded the full amount deposited by the complainant by cheque No.214072 dated 01.10.2012 for a sum of Rs.1,48,466/-. The present complaint is not maintainable. After refund of the amount and cancellation of allotment, the complainant after delay of almost two years of cancellation of booking, in the most arbitrary manner, issued two cheques dated 04.01.2013 and 20.03.2013 for a sum of Rs.1,90,000/- and Rs.53,734/- respectively. It is stated that there was no deficiency in service on the part of OP. It is prayed that the complaint be dismissed.
We have gone through the case file carefully.
It is significant to note that the complainant in para 4 of the complaint stated that complainants had made the payment as per demand letters dated 07.02.2011, 04.06.2011 and 05.07.2011 vide cheque dated 04.01.2013 for a sum of Rs.1,90,000/- and vide cheque dated 20.03.2013 for a sum of Rs.53,734/-. It is significant to note that the complainant has nowhere stated in the complaint that OP has refunded the amount of Rs.1,48,466/- vide cheque dated 01.10.2012 although the complainant has placed copy of that cheque on record and that cheque was duly received by the complainant.
The demand letters which are detailed by the complainant in para 4 of the complaint are pertaining to the year 2011, however, the payments of Rs.1,90,000/- and Rs.53,734/- were made much after the cancellation of the booking and refund of Rs.1,48,466/-. The complainant has not encashed the cheque of Rs.1,48,466/-. During the course of arguments Ld. Counsel for OP submitted that they have not encashed the cheque of Rs.1,90,000/- and Rs.53,734/-. This fact is not disputed by the complainant.
We do not know on what basis the complainant is seeking refund of the amount of Rs.3,92,000/-. He was well aware of the fact that the two cheques i.e. for a sum of Rs.1,90,000/- and Rs.53,734/- were not encashed by OP as these were sent after the cancellation of the booking and after refund of the amount of Rs.1,48,466/-. Under these circumstances interest of justice will suffice if OP is directed to refund the amount of Rs.1,48,466/-.
OP is directed to refund a sum of Rs.1,48,466/- to the complainant alongwith interest @ 9% p.a. from the date of filing of the complaint.
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.
(RITU GARODIA) (H.C. SURI) (A.S. YADAV)
MEMBER MEMBER PRESIDENT
