Delhi

New Delhi

CC/655/2016

Manoj Nagar - Complainant(s)

Versus

M/s TDI Infrastructure Ltd - Opp.Party(s)

12 Feb 2018

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

                                  (DISTT. NEW DELHI)

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110001

 

Case No.C.C./655/2016                                                           Dated:

In the matter of:

MANOJ NAGAR

S/o Sh. M.S. Nagar

R/o H. No. 62, Pocket – 16

Sector – 24, Rohini

New Delhi-110085…… Complainant

 

Versus

M/s TDI Infrastructure Ltd.

Regd. Office 10, Shaheed Bhagat Singh Marg,

New Delhi-110001……. Opposite party

 

MEMBER : NIPUR CHANDNA

ORDER

The brief facts of the case are that the complainant booked one BHK service apartment at TDI Sonipat, Haryana and paid a sum of Rs. 3,07,000/- on two occasion Rs. 1,55,000/- vide receipt no. 0002715 dt. 01.07.2014 and subsequently Rs.1,52,000/- vide receipt no. REC0057/00050/14-15 dt. 01.11.2014. It is alleged by the complainant that as per Annexure A of the Brochure of the OP, the allotment shall be made by OP within 6 months from the date of application.

In para no. 4 of the Brochure, it is mention that if the OP is not able to provide the allotment within a period of six month from the date of credit of application money then the OP shall refund the amount in full with simple interest @ 10% p.a with no further liability to pay damages. It is further alleged by the complainant that OP has not provided the allotment within the period of one year as promised/ assured, and the last date of payment is 01.11.2014. It is alleged by the complainant that he visited the office of the OP on various occasion but nothing has been done by the OP. Complainant filed an application dt. 17.06.2016 with the OP for cancellation of booking and refund of money deposited by him. But, the OP failed to do the needful and as such he sent legal notice dt. 27.07.2016 to the OP,  thereby calling upon it to refund the booking amount. The opposite party neither reply nor responded to the legal notice. Complainant therefore approached this forum for the redressal of his grievance.

Notice of the complaint was sent to the OP. Counsel for OP Sh. Rajat appeared and collected the copy of complaint. Despite several opportunities, OP failed to placed on record its Written statement. Since none appeared on behalf of OP nor any WS filed, OP was ordered to be   proceeded with Ex-party.

            Complainant filed his evidence by way of affidavit, wherein he has corroborated the contents of complaint.  

            We have heard arguments advanced at the bar and have perused the record.

            Complainant has placed on record copy of Brochure, copies of cheques issued to the complainant, copies of receipt issued by the OP against the payment received, copy of the letter written to the OP by complainant for refund of money, copy of legal notice dt. 27.07.2016 sent to the OP in support of his case.

In number of cases courts have held that where serious allegations are made against a notices and the allegations are not refuted and the notice is simply ignored a presumptions may be drawn that the allegation made in the notice are true. (See Kalu Ram Vs. Sita Ram 1980 RLR (Note 44) and Metro Poles Travel Vs. Sumit Kalra and Another 98(2002) DLT 573 (db).

          The present case is one where a presumption needs to be drawn in favour of the complainant.

          Even otherwise there is no reason to disbelieve the facts stated in affidavit filed on record by the complainant.

From the un-rebutted testimony of the complainant as well as the documents placed on record, we are convinced that the story put forth by complainant is true. Bare perusal of the Annexure A of the Brochure make it clear that the OP had assured to the complainant that, the allotment will be made within 6 months of the receipt of application money and if OP failed to do so, than OP will be liable to refund the amount with simple interest @10% per annum with no further liability to pay any damages or compensation in any form. As per Annexure A of the Brochure ,OP ought to refund the money to the complainant, but till date OP neither make any allotment nor refund the money deposited, this act of OP amounts to deficiency in services. We therefore hold OP guilty of deficiency in service and direct it as under:-

1. Refund to the complainant, sum of Rs.3,07,000/- along with 10% interest from the date of filing of complaint i.e 18.10.2016 till payment.

 

2. Pay to the complainant a sum of Rs.10,000/- on account of litigation cost.

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

Pronounced in open Forum on  ........................

File be consigned to record room.

 

 

           (ARUN KUMAR ARYA)

                                  PRESIDENT

             (NIPUR CHANDNA)                                                          (H M VYAS)

                                MEMBER                                                                         MEMBER