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.747/2009 1. SH. VIPIN KAPOOR 2. MS. ANSHU KAPOOR BOTH RESIDENT OF: FLAT NO.54, PARIWAR APARTMENTS, PLOT NO.30, I.P. EXTENSION, PATPAR GANJ, DELHI-110092 …………. COMPLAINANT S Vs. M/S SUPERTECH LIMITED 1114, 11TH FLOOR, HEMKUNT CHAMBER, 89, NEHRU PLACE, DELHI-110019 ALSO AT:- SUPERTECH SHOPPRIX MALL, 3RD FLOOR, C-134B, SECTOR-61, NOIDA-201307 …………..RESPONDENT Date of Order: 28.09.2015 O R D E R A.S. Yadav – President Complainants booked a flat of size 1250 sq. ft. @ Rs.1,870/- Sq. Ft. in the project of OP at Ghaziabad on 24.3.2007 and deposited Rs.1,50,000/- towards booking amount vide cheque dated 27.3.2007. Complainants were specifically informed and assured that in case of cancellation of booking, entire amount received from complainant shall be returned alongwith interest. Further a sum of Rs.1,49,250/- was deposited by complainants vide cheque dated 25.5.2008. After receiving the said payment, complainants were informed that because of some internal problems the plan of flat booked by complainants has been changed to flat of 1450 sq. ft. @ Rs.2,100/- per sq. ft. Complainants objected to it and informed the OP that they are not in a position to purchase the said flat as per revised plan, however, representatives of OP assured complainants that in case they request for cancellation of booking at any time in future then in that case entire amount received towards said booking shall be returned with interest. Complainants were going through some financial crunch and were not in a position to purchase the flat at revised plan hence requested OP vide letter dated 27.1.2009 for refund of aforesaid sum of Rs.2,99,250/-. At the time of receiving the said letter complainants were once again assured by the representatives of OP that entire sum of Rs.2,99,250/- shall be returned alongwith some reasonable interest. Thereafter complainants again approached OP on 21.5.2009 wherein acknowledging the lapse on their part complainants were one again assured that the entire amount received shall be repaid with interest by 30.6.2009. Acknowledging the aforesaid a letter from OP dated 23.5.2009 was also received by complainants. On 03.7.2009 complainants got shocked to receive a cheque of sum of R.254362/- towards said refund. Complainants were informed by representatives of OP that amount of Rs.44,888/- has been deducted as per some policy. A legal notice dated 03.8.2009 was sent by complainants to OP. Complainants have prayed that OP be directed to pay a sum of Rs.44,888/- towards amount arbitrarily deducted and to pay Rs.89,850/- towards interest on said sum of Rs.2,99,250/- deposited alongwith compensation of Rs.1 lakh. Notice of the complaint was sent to OP on 08.11.2010. Counsel for OP appeared. However, thereafter nobody appeared for the OP. OP was proceeded exparte on 04.5.11. Thereafter an application was moved for setting aside exparte order. The same was dismissed on 16.3.2012. It is proved from the testimony of the complainant that complainants paid a total sum of Rs.299250/- towards the booking of the flat in the project of OP. It is also proved from unchallenged testimony of the complainant that the complainant objected to the increase in the size as well as in the price of the flat, however the representative of the OP assured complainants that in case they request for cancellation of booking at any time in future, then in that case the entire amount received towards the said booking shall be returned with interest. Due to some financial crunch, the complainants were not in a position to purchase the flat. Accordingly vide letter dated 27.1.09, complainants requested for the refund of aforesaid amount. The complainants were assured vide letter dated 23.5.09 that the refund relating to their flat will be made by 30.6.2009. However, the complainants were only refunded a sum of Rs.2,54,362/-. The complainants were informed by the representatives of OP that the amount of Rs.44,888/- has been deducted under some policy. In fact there was no justification for deduction of the aforesaid amount. The complainants are entitled to a sum of Rs.44888/- with interest @ 9% p.a. from July 2009 alongwith Rs.10,000/- towards compensation. 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 |
