Delhi

New Delhi

CC/966/2013

Sneha Lata - Complainant(s)

Versus

M/S. Khalsa Real Estates - Opp.Party(s)

24 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/966/13                             Dated:

In the matter of:

Sneha Lata,

R/o. H.No. C-1055, 2^nd floor,

Sainik Colony, Sector-49,

Faridabad, Haryana-121001

 

……..COMPLAINANT

       

VERSUS

Khalsa Real Estates,

111, Indraprakash Building,

Barakhamba Road, Connaught Place,

New Delhi-110001

Also at:

E-113, 1^st Floor, Sector-6, Noida-301201

                                         ……. OPPOSITE PARTY

 

 

ORDER

President: C.K Chaturvedi                      

 

The Complainant allegedly booked  a flat with OP measuring 1320 sq. ft. in project Jaypee Green Aman. It is alleged that OP, Khalsa Real Estate assured her that in case she booked  the flat under the above project, OP will refund 2% of total basic cost of Rs.40,23,360/- to her after payment of 30% is completed. She deposited Rs.2,25,000/- by two cheques in favor of Japyee Infrastructure Limited and thereafter deposit Rs.20,78,712/- vide Annexure C2 (colly) receipts placed on record. Thus complainant paid 30% of the basic cost of Rs.40,23,360/- and became entitled to return of 2% of basic cost which comes to Rs.80,467.20/-  The OP issued a credit note Annexure C1 with main complaint.

The complainant approached OP for 2% return, but OP after great follow up retuned only Rs.40,000/- by cheque which was encashed on 18.07.12 as shown by bank statement Annexure C3. However, OP failed to return the balance on demand. Therefore this complaint of deficiency. OP was proceeded exparte.

We have considered the exparte evidence with the documents placed on record. The evidence clearly shows deficiency on the part of OP in not returning the balance amount. We hold OP guilty of unfair trade practice & deficiency, and direct it to return the balance of Rs.40,467.20/- along with 9% interest from 18.07.12 till payment. We also award compensation of Rs.15,000/- for deficiency 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 ……………….

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(Ritu Garodia)

MEMBER