Delhi

New Delhi

CC/977/2008

Anita Garg - Complainant(s)

Versus

M/S. Business Park Town Planners - Opp.Party(s)

28 May 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/977/08                                                                                                                                                                                Dated:

In the matter of:

Ms. Anita Garg,

R/o D-12/128, Sector-8, Rohini,

New Delhi-110085

……..COMPLAINANT

       

VERSUS

M/s. Business Park Town Planners,

Regd. Office: M-11,

Middle Circle, Connaught Place,

New Delhi-110001

Also at:

Corporate Office, 5th & 6th Floor,

DCM Building, 16, Barakhamba Road,

Connaught Place, New Delhi-110001

                        ……..OPPOSITE PARTIES

 

ORDER

President:  C.K Chaturvedi

 

The complainant provisionally booked a plot of 300 sq. yds. @ Rs.10,500/- per sq. yd on 16.04.06, by depositing Rs.7,50,000/-, for project “Parklands”. On 28.07.06, Rs.3 lakhs more were demanded by OP for priority in allotment and waited for a plot buyer agreement, on allotment. However, for more than 6 months nothing happened. On enquiry, complainant came to know that there was no such project and on 29.05.08, OP sent a letter intimating her cancellation. Therefore this complaint alleging deficiency in illegal cancellation without allotment, and that she seeks allotment and interest on deposits.

The OP filed a reply stated that the complainant failed to deposit complete 55% of BSP, nor complied with 25% EDC and 50% of IDC, on application for allotment, and therefore OP terminated the booking. It also disputed rate as Rs.10,800/- on against Rs.10,500/- stated by complainant.

We have considered the rival submission and find that in terms of letter dated 30.03.07, sent to complainant by OP, she has to pay 55% of BSP on allotment @ 10,800/-, and 25% of EDC and 50% of IDC, amounting to Rs.8,75,500/-. However, the case of complainant is that no settlement itself came, except this letter. There is no plot allotted, location, area etc. This letter is only for obtaining loan from bank. Since, there was no question of termination of registration, without allotment. OP is directed to provide allotment of plot, if available, in same project & rate, or directed to return to Rs.10,50,000/- with interest @ 12% from date of deposit till payment. We also award compensation of Rs.1 lakh for the harassment and litigation expenses.

        The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken 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 28.05.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER