Delhi

New Delhi

CC/242/2013

Gopal Krishan Gupta - Complainant(s)

Versus

M/S. Grass Field Farms & Resorts Pvt. Ltd. - Opp.Party(s)

23 Nov 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/242/13                                      Dated:

In the matter of:

Sh. Gopal Krishan Gupta,

S/o Sh. R.N.R Gupta,

R/o G-39, 2^nd Floor, South City II, Sohna Road, Gurgaon-122002

……..COMPLAINANT

      

VERSUS

M/s. Grass Field Farms & Resorts Pvt. Ltd.,

101-102, Corporate Tower,

85-A, Jamrudpur, Greater Kailash-1, New Delhi

Also at:

B-32, Raj Bhawan Road,

Civil lines, Jaipur-222045

Also at:

31, Dakshin Marg, Lower Ground Floor,

D&L Phase-II, Gurgaon

                                         ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

              

The Complainant booked a plot of 300 sqm with OP in its Jaipur “Park Avenued” at Grass Field Farms advertised by OP. The booking was made in 2006, on the promise that plot would be delivered in 18 months time. The complainant paid 2 installments of Rs.1,68,750/- totaling Rs.3,37,500/-. The allotment of plot no.J49 was made in Sept. 2009, and OP raised third installment. Somehow complainant, lost faith with OP due to delay and other reasons, he demanded cancellation, as well as refund vide Annexure C7, but OP did not refund. A police complaint was also made, and this consumer complaint filed.

The OP in its reply has stated on merits that, complainant failed to pay 3^rd & 4^th installments despite reminders. It is stated that it was ready to get the plot registered in name of complainant, if he pay the balance with interest. It is also stated that cancellation would lead to deduction of cancellation charges.

We have heard the complainant as OP Counsel has not appeared and considered evidence. It is admitted case that OP did not pay 3rd and 4th installments and rather demanded cancellation & refund. During course of hearings on 28.07.15, Counsel for OP made an undertaking to Court that it will refund the principal with interest. However, this has not been done so far. After considering the entire case, we are of the view that OP on request of complainant should have returned the principal deposit after deducting cancellation charges to the expenses of 15%. As per reply of OP, it is ready to do so. In view of all these facts, we hold OP deficient in service and direct it to refund the deposit of Rs.3,37,500/- after deduction of 15% of this sum, with interest of 7% p.a. from date of seeking cancellation till payment. We also award Rs.20,000/- as compensation including 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 23.11.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 (Ritu Garodia)

MEMBER