Delhi

New Delhi

CC/298/2015

Ashwini Kataria - Complainant(s)

Versus

M/S. SMV Agencies Pvt.Ltd. - Opp.Party(s)

05 Dec 2019

ORDER

 

 

                                     CONSUMER DISPUTES REDRESSAL FORUM-VI(DISTT. NEW DELHI),

‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

Case No.CC. 298/2015                           Dated:

In the matter of:

            Ashwani Kataria

            S/o Sh. Sita Ram Kataria,

            R/o B-167, Gali no. 9, Bhajan Pura

            Delhi-110053

           ....COMPLAINANT

 

VERSUS

The Manager/Director,

SMV Agencies Pvt. Ltd.

Regd. office at:- 8-C, Hansalaya

15, Barakhamba Road,

New Delhi-110001.                                                                                             ....OPPOSITE PARTY

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

The present case was remanded back from the Hon’ble State Commission vide order dated 09/03/2015 with direction to this Forum to decide the present case afresh.

In brief, the case of complainants is that the complainant booked a plot with the OP for 250 Sq Yrds.  and the total value of the plot stated as 18,00,000/- and complainant had paid a sum of Rs. 9,18,000/-. It is further alleged that complainant had already made the payment of more than 50% of the total cost of the plot but the OP has not taken a single steps towards the development of its project except false claims. The complainant vide letter dated 15/10/2007 requested to refund the entire amount which was paid by the complainant but no reply has been received from the OP, ultimately, after the several visits and request by the complainant, the OP  cancelled the booking of the plot but not agreed to refund the deposited amount with interest, hence, this complaint.

OP was noticed and OP filed written statement. It is alleged that the complainant had executed an application in the Form of Advance Registration Form , accepting to various offer, terms and conditions with the OP, thereafter, while requesting to the OP while cancelling his application for the plot, due to unavoidable circumstances in his application for refund as well as affidavit, the complainant relinquished all his rights for the said unit. Also, the said application stated that after receipt of the amount paid by the complainant, the matter and the complainant’s account shall stand fully and finally settled, and thus, complainant executed a receipt dated 13/05/2009.

Both the parties have filed their respective evidence by way of affidavit, we have heard arguments advance at the bar and perused the records.

As per the receipt dated 13/05/2009, the OP  had refunded back the deposited amount to the complainant through four cheques bearing nos. 566415, 566416, 566417 & 57101 dated 10/06/2009, 20/06/2009, 30/06/2009 & 10/07/2009 for a sum of Rs. 3,00,000/-, 3,00,000/-, 27,04,800/- & 43,200/- respectively.

Through above mentioned receipt, it is clear that the deposited amount is already refunded to the complainant and it was mutually  agreed and the same was also received by the complainant .

In this circumstances, as the matter was already settled and payments made, there is no cause of action in favour of complainant survives.

In view of the above circumstances the Forum does not find any deficiency on the part of OP hence the present complaint stands dismissed.

This order be sent to server (www.confonet.nic.in ). A copy of this order be sent to the complainant free of cost by post.

Announced in open Forum on 05/12/2019.

                        File be consigned to Record Room.

 

 

  (ARUN KUMAR ARYA)

                                  PRESIDENT

             (NIPUR CHANDNA)                                                                      (H M VYAS)

                                MEMBER                                                                                    MEMBER