Delhi

New Delhi

CC/438/2011

Krishan Kumar - Complainant(s)

Versus

M/S. Ansal Properties & Infrastructures 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/438/11                        Dated:

In the matter of:

Mr. Krishan Kumar,

R/o 6/21, III FL WEA,

Karol Bagh, New Delhi-05

……..COMPLAINANT

       

VERSUS

 

Ansal Properties & Infrastructure Ltd.,

Through its M.D,

1202-04, Antriksh Bhawan,

22 K.G Marg, New Delhi-110001

Also at:

115, Ansal Bhawan,

16, K.G Marg, New Delhi-110001

                                         ………. OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

 

The Complainant had booked a residential flat in “Celebrity Green”, Greater Noida, on 22.11.07, with a sum of Rs.5 lakhs as per Exh.“A” & “B”, but there was no construction activities at site till Oct.2010. But OP sent a letter on 02.11.10 to the complainant stating unilaterally cancelled the flat as per Exh.”C”. Complainant immediately approached OP for refund but efforts made got in vain. A legal notice was served to OP on 22.03.11 for refund of Rs.5 Lakhs as per Exh.”D”. Thereafter Complaint was filed, notice was served but OP proceeded exparte on 06.01.12.

As per exparte evidence it is clearly admitted Rs.5 lakhs was paid to OP on 22.11.07 in “Celebrity Green”, Greater Noida and subsequently receipt was issued by OP to the complainant on 19.08.06 as per Exh.A & B. OP arbitrarily cancelled the project and intimated the complainant on 02.11.10 as per Exh.C, placed on record which clearly proves unfair trade practices on the part of OP to collect money from various consumers under false temptation and eye catching publicity without approval of project in question to exploit innocent consumer.

Keeping in view, holding OP guilty, we direct OP to refund Rs.5 lakhs along with 10% interest from the fate of deposit till realization in 30 days failing which 12% interest will be charged. We also award a compensation of Rs.25,000/- as harassment charges inclusive of 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