Delhi

New Delhi

CC/279/2013

Ajay Kumar - Complainant(s)

Versus

M/S. Alliance Nirman Ltd. - Opp.Party(s)

29 May 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/279/13                                                                                                                                                                                Dated:

In the matter of:

SH. AJAY KUMAR

R/O 10, OLD MAUJPUR,

NEAR BABURAM CHOWK,

DELHI-110053

 

 

                 ……..COMPLAINANT

 

VERSUS

 

M/S. ALLIANCE NIRMAN LTD.,

23, BABAKHAMBA ROAD,

513,516, 5^TH FLOOR, NARAIN MANZIL,

NEW DELHI-110001

 

 

………. OPPOSITE PARTY

 

ORDER

 

The complainant booked a plot measuring 200 sq.yard in OP’s project CITY ONE in 2006 for a sum of Rs. 9,00,000/- the amount was to be paid in four equal installments.  He paid Rs.2,25,000/- vide cheque No.350034 dt.13.7.06 and Rs.2,25,000/- vide cheque No.350036 dt.7.2.07 and Rs.2,25,000 vide cheque No.350040 dt. 24.6.08. Receipts by OP are duly annexed with complaint.  They were allotted plot No.C-225 which was renamed as C-129. Thereafter, complainant received a letter dated 7.6.2012 from OP demanding Rs.45,000/- for plot no C-182.  The complainant vide letter dated 27.9.2012 informed the OP that the aforesaid demand letter was not applicable to them.  Complainant further requested them to provide sanction plans.  The complaint was filed regarding the deficiency of OP in not giving possession of said plot.

OP was proceeded ex-parte as he failed to appear and present his version.  We have considered the ex-parte evidence, documents on record and correspondence between the parties.  The receipts issued by OP clearly establish the deficiency in not offering possession despite receiving 75% of amount payable.  Holding OP guilty of imperfection in service we direct OP to either hand over the possession on payment of remaining amount or refund the sum of Rs.6,75,000/- with 9% interest from date of complainant till payment.  We also award Rs.25,000/- compensation for harassment and mental agony inclusive of litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

Copy of the order be sent to the parties free

of cost.

Pronounced in open Court on 29.05.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                          MEMBER