Delhi

New Delhi

CC/252/2012

Nitin Garg - Complainant(s)

Versus

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

10 Dec 2019

ORDER

             CONSUMER DISPUTES REDRESSAL FORUM-VI

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

    VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

 

CC. No./252/2012                                                                            Dated:

 In the matter of:-     

   Sh. Nitin Garg,

S/o Sh. Rattan Lal Garg,

R/o H.No. 169, Sector-14,

Sonipath (Haryana)                                                                          …..Complainant

 

Versus

 

M/s Ansal Properties &Infrastructure Ltd.

115, Ansal Bhawan, 16, KG Marg,

New Delhi-110001,

Through its Managing Director

                                                                                                 .…… Opposite Party

 

                                                        ORDER

            PRESIDENT- ARUN KUMAR ARYA

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that OP had represented to general public by saying that they obtained license from the Government of Punjab for promotion and development of plot in question and complainant had also booked a plot with OP in residential colony known as “SUSHANT CITY” having plot/Unit no. B 0752 which is around village Kot Samir, Jasi Paulwal, Bhatinda (Punjab). He had deposited Rs. 3,00,000/- towards advanced Registration vide cheque no. 722516 dated 28/02/2005 for which OP issued a receipt no. 399099 dated 28/02/2005. It is further alleged that OP failed to develop the land as per schedule and there was no license issued from the Punjab Scheduled Roads & Controlled Areas Restriction of Unregulated Development Act, 1963 and the booking taken by the OP is illegal and against the law.  It is further alleged that having no other option, the complainant had stopped further payment towards the cost of the plot and complainant requested the OP to refund the deposited amount with interest @ 18% per annum but the OP had failed to returned the same. Further, the OP had sent cancellation letter dated 14/07/2011 alongwith a cheque no. 963960 dated 11/07/2011 for Rs. 1,02,194/- in the favour of the complainant after deducting the amount, which is totally illegal and unsustainable and the said  amount was not acceptable to the complainant. It is further stated that OP had adopted unfair trade practice for collecting the funds from the complainant and further they failed to refund the same, hence this complaint.

OP was noticed and OP filed its written statement. It is submitted that the complainant deposited Rs. 3,00,000/- towards advance registration and the same is not denied against which the OP also issued an advance registration form dated 28/02/2005 which contained the terms and conditions of allotment which was duly accepted and acknowledged by the complainant. It is further alleged that the alleged project had been duly approved by the Competent Authority vide License no. LDC 2006/180 dated 26/04/2006. Further, it is stated that complainant never requested for a refund of amount, moreover, on the contrary the OP send repeated reminders on several dates but it was of no avail and therefore the OP was left with no other option but to cancel the allotment vide cancellation letter dated 14/07/2011 alongwith a cheque no. 963960 dated 11/07/2011 for a sum of Rs. 01,02,194/- after deducting the earnest money as per the terms and conditions. Prayer to dismiss the complaint has been made.

Both the parties have filed their respective evidence by way of affidavit, we have heard arguments advance at the bar and perused the records.

Bare perusal of the complaint and its annexures shows that complainant had booked a plot with the OP in “SUSHANT CITY” project having plot/Unit no. B 0752  for which the complainant had deposited Rs. 3,00,000/- with the OP  for the above said project and OP had only refunded Rs. 01,02,194/- to the complainant.

 

The OP never completed the project and had not refunded the entire amount to the complainant till date, which amounts to deficiency in service. We, therefore, hold the OP guilty of deficiency in service and direct it as under:-

 

i)     Pay to the complainant a sum of Rs. 1,97,806/- (3,00,000-1,02,194) along with interest @ 9% p.a. from the date of filing of the present complaint i.e. 19/03/2012, till payment.

ii)    Pay to the complainant a sum of Rs. 15,000/- as compensation towards harassment, mental agony and pain which will also include the cost of litigation.

 

The order shall be complied within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. A copy each of this order each be sent to both parties free of cost by post. Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 10/12/2019.

 

(ARUN KUMAR ARYA)

                     PRESIDENT

(NIPUR CHANDNA)                                                                        (H M VYAS)

      MEMBER                                                                                     MEMBER