Delhi

New Delhi

CC/871/2014

R.P. Gupta - Complainant(s)

Versus

M/S. Primetech Infrastructure & Developers 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/871/14                                Dated:

In the matter of:

R.P Gupta & Suhsma Gupta,

Through Sh. R.P Gupta,

Both R/o RZD-1/74, Gali no.7,

Mahavir Enclave, New Delhi-45

……..COMPLAINANT

       

VERSUS

Primetech Infrastructure & Developers Pvt. Ltd.,

Through Mr. Vinod Mehra its Director,

C/o ACE Town Planner,

2A/3, West Patel Nagar,

Above IndusInd Bank, New Delhi-110005

                                         ……..OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

The facts of this complaint are that complainant book a residential flat at Prime Platinum Height project located at Lucknow with a sum of Rs.50,000/- as per Annexure CA on 28.01.09 with an assurance to issue an allotment letter within 24 months but nothing was issued to complainant till filing of the complaint despite complainant’s contacting Directors/Principal Officers of the project in question. Notice was served but none appeared on behalf of OP, OP proceeded exparte on 22.12.14.

As per exparte evidence it reveals that the said project was a proposed project which was neither allocated to builder nor project in question was ever been applied for approval, so the modus operandi standing was nothing except to advertise in all leading newspapers to extract money from innocent people in open market. The complainant sent various letter to OP in period 04.12.10 to 19.01.14 to refund his principal amount Rs.50,000/- as per Annexure C/B (Colly) but OP remained silent as silent spectator to see the drama of public to grab hard earned money. Ultimately a legal notice was served on 14.12.14 as per Annexure C/C1.

Thus, it appears that the conduct of OP seems to be a fraudulent behavior who collected money from innocent consumer at large & pocketed the money without any piece of law or any project located in such area where a vast publicity was flashed which is a clear case of unfair trade practices on the part of OP who deliberately/fraudulently collected money in open market without any existence of project in question.

Hence, holding OP guilty, it is directed to refund Rs.50,000/- along with 9% interest from the date of deposit till realization. We also award Rs.20,000/- as harassment and litigation expenses.

The order shall be complied 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