Delhi

New Delhi

CC/62/2011

Pradeep Gupta - Complainant(s)

Versus

M/S. Ansal Landmark Townships Pvt.Ltd. - Opp.Party(s)

05 Jun 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/62/11                                                                                                                                                                                  Dated:

In the matter of:

Sh. Pradeep Gupta,

S/o Sh. Stish Chander Gupta,

R/o H.No. Lehna Singh Market,

Malka Ganj, Delhi-110007          

 

……..COMPLAINANT

       

VERSUS

 

Ansal Landmark Townships Pvt. Ltd,

4^th Scindia House, 2^nd floor, Connaught Place,

New Delhi-110001

Branch office at:

210, Ansal Bhawan,

16, Kasturba Gandhi Marg,

New Delhi-110001               

 

                                         ………. OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

 

The Complainant had booked a plot measuring 303sq.yds on 29.10.05 and subsequently allotment of plot was done on 24.12.07, as per agreement dated 09.11.05 as per Exh.C1 and complainant opted a plan “C” as per plan provided by OP and payment as per Exh.C2. Later on OP informed complainant on 24.12.07 special rebate Rs.1.50/- per sq.ft and total basic price of plot was worked out by OP Rs.18,86,175/-. The letter of OP dated 24.12.07 reveals that the total balance amount payable was Rs.1,46,543.80/- as per Exh.C3. Further OP raised a demand on 31.08.07 for Rs.3,60,079.07/- and subsequently he also raised a demand on 13.09.07 for Rs.5,38,350/- from complainant within 30 days as per Exh.C4 & C5. Complainant immediately sent a cheque of Rs.5,38,350/- on 14.09.10 to avoid any adverse action as per Exh.C6 but OP never replied about receipt of above cheque despite courier slip as per Exh.C7 & C8. Ultimately complainant stopped payment of Rs.83,515/- on 27.12.10 on account of interest as per Exh.C10.

Complainant asked OP again & again about the status of plot during January 2011 but OP neither replied nor provided any status of plot in question to the complainant. Later on OP informed complainant that plot in question was cancelled as per Exh.12. Thus complaint was filed but OP proceeded exparte on 05.09.12.

While scrutinizing order sheet it is noticed that the Forum had restrained OP from cancellation of plot vide order dated 10.03.11. As per exparte evidence speaks that complainant deposited the amount regularly and a cheque of Rs.5,38,350/- twice issued by complainant but OP lost, it never confirmed amount receipt, consequently it was stopped on request of OP not to be encashed by OP twice. Complainant approached OP a number of times to know about the status of plot registration of plot but OP remained silent just like a silent spectator. The evidence clearly shows that OP avoided the payment and created a default to cancel the allotment mala fide in which is clear case of deficiency and unfair trade practices on the part of OP which deliberately avoided the complainant to extract money.

Thus OP is directed to re-allot plot bearing no.C2 416 measuring area 303 sq. yds at Sushant City, Karnal as per letter dated 24.12.0 or any other equal & similar plot in some area at same rate and also raise outstanding balance amount due to complainant in basic price plus actual expenditure as per norms of Haryana Govt. & get the plot be registered in complainant’s name within 30 days and handover the physical possession of plot to the complainant. We also award Rs.30,000/- as harassment and Rs.20,000/- as litigation expenses.

 The order shall be complied 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 05.06.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)

MEMBER