Delhi

New Delhi

CC/975/2012

Krishan Lal - Complainant(s)

Versus

M/S. Ansal Properties & Infrastructure Ltd. - Opp.Party(s)

01 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/975/12                                                                                                                                                                           Dated:

In the matter of:

Mr. Krishan Lal,

S/o Sh. Bodh Raj,

R/o 1622, Outram Lane,

Dr. Mukherjee Nagar, New Delhi

 

……..COMPLAINANT

       

VERSUS

1. M/s. Ansal Properties & Infrastructure Ltd.,

        Through its M.D,

        Regd./Head at: 115, Ansal Bhawan,

        16, K.G Marg, New Delhi-110001

 

2. Mr. Ravi Saund,

        DGM, Sales (Authorized Signatory),

        Office at: 115, Ansal Bhawan,

        16. K.G Marg, New Delhi-110001

 

                                         ……. OPPOSITE PARTIES

 

 

ORDER (Oral)

Date of Arguments: 01.06.2015

President: C.K Chaturvedi

Present:    Counsel for the parties

                Arguments heard.

                                                        

 

The Complainant has booked a flat with OP at “Green Escape” at Kundli on 07.02.06. He had paid Rs.3,50,000/- as booking amount and thereafter he paid Rs.9,41,985/- in total. Flat no.02 on 7^th Floor, Tower-39, was allotted to him. The project was not completed till 7^th floor of the said tower at time of filing of complaint. OP themselves, seeing no possibility of completion of tower in time offered to him another similar flat in tower 6 which was completed. However, the letter shifting them to this tower was not issued at address of Complainant and therefore not received. Complainant made enquiries by going to office of OP in 2012 and he came to know that a letter intimating change in tower has been issued to another person having the same name with East Delhi address. The complainant’s address was in Kingsway Camp. The fact that earlier demand letter was issued by him at correct address is not issued and irrelevant, so far deficiency on part of OP is concerned regarding offer of change in tower.

In the view of this, deficiency is established on part of OP and since complainant is no longer interested to continue with the booking, he is entitled to take the money deposited. Holding OP guilty of deficiency, we direct OP to refund Rs.9,41,985/- with 12% interest from date of deposit till pay realization. We direct OP to pay Rs.50,000/- as compensation for harassment and mental agony. We direct OP to pay Rs.20,000/- for litigation expenses.

File be consigned to record room.

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

 

        Pronounced in open Court on 01.06.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER