Delhi

New Delhi

CC/1089/2011

Mala Verma - Complainant(s)

Versus

M/S. Ritesh Tiwari - 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/1089/11                                                                                                                                                                              Dated:

In the matter of:

Smt. Mala Verma,

W/o Raman, G Block, Verma,

R/o Plot no.18, G Block, Gali no.6, Punjabi Colony,

Narela Delhi-40

 

                 ……..COMPLAINANT

       

VERSUS

Sh. Ritesh Tiwari,

Proprietor, Ganpati Builders,

702, New Delhi House,

27, Barakhamba Road, New Delhi-110001

                        ………. OPPOSITE PARTY

 

ORDER

President:  C.K. Chaturvedi

The short facts of the complaint are that complainant booked a residential plot of 180 Sq. Yds. in Ganpati City, Navi Mumbai, with initial deposit of Rs.51,000/- with OP in 2007 and also paid EMI of Rs.2,797/- from 10/2007 till 09.09.09. Complainant was assured of possession of plot within two years of booking and as per agreement and demands made, he had deposited total amount of Rs.1,18,128/ till date with OP. It is also alleged by complainant that no such land belongs to OP and he asked for refund of amount deposited but OP gave a cheque bearing no.885644 dated 25.04.11 of Rs.15,000/- which got dishonored as per Annexure CW1/1 to CW1/7.  Thereafter serving legal notice dated 18.06.11, this complaint was filed.

The OP in its reply has agreed to facts, but pleaded forfeiture of money, as complainant failed to pay the amount on demand. However, no plot buyer agreement counting this clause is brought on record, to provide forfeiture clause. The OP has not placed on record any demand letters, reminders or notice to forfeiture etc. The reason for issuing cheque of Rs.15,000/- and dishonor are not explained.

In the given circumstances, it is proved by the affidavit of complainant and documents in support produced by her that OP has failed to complete its promise of allotting a plot in Navi Mumbai, and She is entitled to return of Rs.1,18,128/-. Holding OP guilty of deficiency, we direct it to return this amount with interest of 9% p.a. and pay compensation of Rs.20,000/- inclusive of 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