Delhi

New Delhi

CC/156/2013

Anshu Rastogi - Complainant(s)

Versus

M/S. Ansal Hi-Tech Towenship Ltd. - Opp.Party(s)

23 Feb 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/156/13                        Dated:

In the matter of:

1. Anshu Rastogi S/o Sh. R.K Rastogi,
2. Smt. Anupama, W/o Sh. Anshu Rastogi

Both R/o 804, Panchmarhi,

Kaushambi, Ghaziabad, U.P-201010

……..COMPLAINANTS

       

VERSUS

Ansal Hi-Tech Township Ltd.,

Through its M.D,

115, Ansal Bhawan,

16, K.G Marg, New Delhi-110001

                                         ……. OPPOSITE PARTY

 

ORDER (Oral)

Date of Arguments: 23.02.2015

President: C.K Chaturvedi

Present:    Both the parties.

                Arguments head at length.

               

The case is for seeking refund of deposit of Rs.7,41,520/- for a plot in Ansal Hi-Tech ( Sushant Megaplois). The Complainant learnt that there were issues with MOEF and other agencies. He sought clarification but the same were not supplied. He persisted for return on not hearing anything. The formal agreement was not executed.

Now, during discussion in Court, OP discloses certain facts, which were not shared with complainant about project, and stated that 20% of total cost amounted to earnest money. This is not correct legal position. The builder in such cases is entitled to forfeit only 10% of initial deposit, unliked with total cost. OP should have refunded the same earlier.

Now OP is directed to refund the deposit with 10% deduction from Rs.7,41,520/- with interest @ 9% from date of seeking refund till payment within 30 days along with litigation expenses of Rs.20,000/-.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP 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 23.02.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER