Delhi

New Delhi

CC/317/2010

Amanjeet Kaur & Anr. - Complainant(s)

Versus

M/S. In Time Promoters Pvt.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/317/10                                Dated:

In the matter of:

1. Mrs. Amanjeet kaur, W/o Sh. Bhupender Singh,
2. Sh. Bhupender Singh,

       

Both R/o R-512, 3^rd floor, New Rajender        Nagar, New Delhi

……..COMPLAINANT

       

VERSUS

1. M/s. In Time Promoters P. Ltd.

        Through its Chairman-Cum-Managing Director

        9, Kasturba Gandhi Marg,

        New Delhi-110001

 

2. M/s TDI Infrastructure Pvt. Ltd.,

        9, Kasturba Gandhi Marg,

        New Delhi-110001

                                         ……..OPPOSITE PARTIES

 

ORDER

Member: S.R Chaudhary

 

The Complainant booked a residential flat with OP1 sister concern of TDI OP2 with a sum of Rs.5 lakhs for upcoming project in Sonepat on 25.02.06. OP also gave him a provisional allotment for flat measuring 1800-2000 Sq. ft subject to provide the flat within 6 months failing which 12% interest will be paid by OP. Complainant approached OP1 & OP2 several times, several correspondence/mail during 2007 till 2010, filing the complaint all documents placed on record.

While evaluating evidence of OP1 & OP2 identical in the nature, it appears that OP has categorically admitted provisional allotment. Further OP also admitted about correspondence exchanged in para6 of evidence. OP alleged complainant that OP had sent several letters regarding payments and buyer agreement but no supporting documents along with proof of delivery is annexed with evidence. It is also noticed that Board of Director resolution placed with evidence neither signed by Board of Director nor any company seal affixed except one format pasted only which clearly shows the mala fide intention to file a piece of paper instead of judicial documents which indicates deficiency and unfair trade activities on the part of OP who knowingly collected money from open market under false temptation and kept it in his safe custody rather to build a house for poor consumers.

Keeping this in view, OP1 is directed to refund Rs.5 lakhs along with 12% interest from date of deposit till realization within 30 days of order failing which 18% interest will be charged thereafter. We also award Rs.1,50,000/- as compensation for harassment and litigation charges.

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 05.06.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)

MEMBER