Delhi

New Delhi

CC/840/2008

Bhagwan & Anr. - Complainant(s)

Versus

M/S. Lakshmi Vatika Ltd. - Opp.Party(s)

27 Mar 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/840/08                                                                                                                                                                                Dated:

In the matter of:

Mr. Sri Bhagwan,

S/o Sh. Daulat Ram,

R/o H-25, Street No.6,

East Chander Nagar, New Delhi-110051

……..COMPLAINANT

       

VERSUS

M/s. Lakshmi Vatika Ltd.,

Through it M.D, Sh. Davender Kumar Aggarwal,

Regd. Off., 1007-1012, 10^th FL, Narain Manzil,

23, Barakhamba Road, C.P, New Delhi-110001

Also at:

1055, Sector D Pocket-1, Vasant Kunj, New Delhi

                         ………. OPPOSITE PARTY

 

ORDER

President:  C.K Chaturvedi

        The complainant booked in OP’s Drone City project in Dehradun, a plot by depositing Rs.91,000/- in 21.12.06. Subsequently it came to knowledge of complainant that a cheating case was registered against OP, and the project did not come off. He requested for refund. The OP asked original receipts with affidavit for return of deposit. It is alleged that thereafter OP never returned the money, and proceedings against the company were in hold in High Court, Delhi for distribution of dues to creditors /investors. The OP in reply has cited this scheme application in High Court in 2010.

        We have considered the rival case and find that this complaint is prior to High Court proceedings and complainant is entitled to be heard on deficiency and on decree, which may get executed in High Court proceedings and against the Director of OP, personally for cheating and deficiency.

        On the consideration of entire evidence, we hold OP guilty of deficiency on not returning the deposit with interest after collecting receipt. We direct OP to return the sum of Rs.91,000/- with interest @ 9% from date of deposit till receipt.

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 27.03.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER