Delhi

New Delhi

CC/598/2012

Atul Gupta - Complainant(s)

Versus

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

05 Mar 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/598/12                                                                                                                                                                                Dated:

In the matter of:

1. Sh. Atul Gupta,

13A/4, Top FL, Old Rajinder Nagar,

New Delhi-110060

 

2. Mr. Khemchand,

Near Hanuman Mandir,

Main Bazar, Tauru, Distt. Gurgaon, Haryana

 

……..COMPLAINANTS

       

VERSUS

 

M/s. Alliance Nirman Ltd.,

Regd. Off.: 513-516, 5^th FL,

Narian Manzil, Barakhamba Road,

New Delhi-110001

                         ………. OPPOSITE PARTY

 

ORDER

President:  C.K Chaturvedi

        The complainants are two separate persons who joined together to book 2 plots with Op in Haridwar advertised by it. They deposited 25% of the total cost of Rs.9 lakhs for each plot against receipt issued in their joint name. After some time they requested OP to consolidate two plots bearing no.67 and 68 into one by adjustment of booking of one plot into another which was done vide Exh.CW 1/2. It is alleged that OP did not give the plot nor refunded the amount till July 2012, when the OP returned Rs.4.5 lakhs to each applicant. The complaint is for direction payment of interest on the deposit by way of compensation for damages arising out of deficiency.

        The OP was proceeded exparte. We have considered the exparte evidence and documents on record. The evidence closely established the deficiency on the part of OP in returning only the principal amount, without paying interest, nor it gave the bigger plot applied for. Holding OP guilty of deficiency, we order OP to pay interest @ 9% from the date of deposit till payment. We also award litigation of Rs.10,000/- to complainant.

The order shall be complied 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.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

 

Pronounced in open Court on 05.03.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER