Delhi

New Delhi

CC/279/2010

Rajesh Malhotra - Complainant(s)

Versus

M/S. DLF New Gurgoan Home Developers 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/279/10                             Dated:

In the matter of:

Sh. Rajesh Malhotra,

S/o Sh. K.G Malhotra,

R/o 24, The Mall Apartments,

Mall Road, Delhi

……..COMPLAINANT

       

VERSUS

M/s. DLF New Gurgaon Homes Developers Pvt. Ltd.,

DLF Centre, Sansad Marg,

New Delhi-110001

                                         ……. OPPOSITE PARTY

 

 

ORDER

President: C.K Chaturvedi                      

 

The Complainant booked a apartment in “New Town Height” Sector-90, DLF Gurgaon, by paying Rs.21,10,199/- on a construction linked plan. Due to recession in the market, the OP announced various concessions to those who wanted to continue with the bookings till the project was able to take off. It also offered an Exit Option in the following terms as reproduced below:

“We have done our best by doing all the above, to keep you happy and satisfied in the project and are also doing our best to start the construction within a month’s time positively. Despite all the above, if you are still not happy to continue, you may exercise the Exit Option, and please let us know so that we shall do our best to re-trade your property and refund the amounts paid by you, in the shortest period, but, maximum within 6 month’s time, even if we are not in a position to do re-trading by then. We would also like to clarify here that we shall not be doing any further concessions/discounts, of whatsoever nature.”

The complainant opted for Exit Option and waited for 6 months w.e.f. 01.05.09, and after 6 months & 15 days, the OP returned the sum of Rs.19,98,648/- in the place of deposited amount of Rs.21,10,199/-. It justified deduction of balance of Rs.1,11,551/- towards brokerage paid. The complainant protested for delay of 15 days in payment, and demanded 15% interest, and questioned deduction of brokerage, as the promise in the exit policy was for return of “amount deposited”. Not finding any response, thus complaint is filed.

The OP in its reply stated that the booking was done through broker, whose name is not disclosed. The complainant in rejoinder has denied the fact and has stated that entire payment was made in the name of respondent and stated that complainant is not involved between the broker and respondent and the same was beyond his domain. The OP filed a photocopy of booking form, with a stamp of broker affixed. The brokerage amount is shown blank on 15.02.08, though full booking cheque of Rs.5 lakhs dated 06.02.08, is in the name of OP. The other facts are not disputed.

We have carefully heard both the parties, considered the pleadings and correspondence and documents placed on record. Admittedly, OP had framed Exit Option as well as improved conditions to pacify the frustrated consumers, so that they cooperate with OP, by not withdrawing or demanding the deposits, and coupled the offer with discounts, concession, to continue booking with them. For those not continuing provided an exit option, the terms of which provided return of deposited amount in 6 months time in attempting re-trading.

  In our considered view, once the consumer opted for Exit Option, and agreed to 6 month more time to OP for re-trading without any interest for 6 month, the OP is also under obligation to return the deposited amount, in 6 months. In no case, it can link it with any brokerage charged by broker from DLF or promised by DLF to it. Even otherwise, once the transaction of booking is reversed, rather than going forward, for which brokerage is paid, the consumer cannot be expected to share the burden of brokerage, if any. It is unfair practice on thepart of OP to go back from specifically agreed Exit Option. It is an attempt for unlawful gain.

We hold OP guilty of this and deficiency is not returning the amount with interest for delay of 17 days.

In the light of above discussion, we direct OP to pay

1. Interest @ 9% for 15 days of delay on total Rs.21,10,199/- deposited by complainant.
2. To return Rs.1,11,151/-, shortfall with interest of 9% form date of deduction till payment.
3. Pay Rs.20,000/- for harassment and Rs.10,000/- for litigation expenses.

The order shall be complied with 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