Delhi

New Delhi

CC/477/2014

Kirtan Kumar - Complainant(s)

Versus

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

26 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/477/14                                                                                                                                                                                Dated:

In the matter of:

Kirtan Kumar,

R/o H-571, Palam Vihar,

Gurgaon-122017

……..COMPLAINANT

       

VERSUS

 

Ansal Hi-Tech Townships Ltd.,

H.No.115, Ansal Bhawan, 16, K.G Marg,

New Delhi-110001

                                         ……..OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

 

The Complainant had booked a one room set measuring area 66.24 sqm with a total consideration amount of Rs.12,29,925/- in Fair way Apartments as per attached exhibits 1 to 18 and OP was supposed to give possession within 3½ years on demand basis as per construction scheduled. Complainant made a payment of Rs.1,89,837/- till May 2009 as per receipts attached but OP failed to complete the project within the ad half years. Complainant visited at site as well as exchanged several mails to OP but OP failed to reply. Thus complaint was filed. OP proceeded exparte on 15.10.14.

As per exparte evidence of complainant reveals that OP has not done anything at site till date rather he collected money from various consumers under false temptation through advertisement which categorically falls under “unfair trade practices. It also appears from the attitude of OP which has acted as criminal behavior to collect funds from innocent consumers which shows that OP is a custodian like banker.

Thus, we direct OP to refund principal Rs.1,89,837/- along with 12% interest from the date of deposit till realization. We also award Rs.30,000/- as harassment & litigation.

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 26.02.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER