Delhi

New Delhi

CC/679/2011

Sumit Narang - Complainant(s)

Versus

M/S. SRS Real Estate Ltd. - Opp.Party(s)

22 Apr 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/679/11                                                                                                                                                                                Dated:

In the matter of:

Sh. Sumit Narang

S/o Sh. Ram Narayan,

R/o H. No.276/A/4,

Madan puri, Gurgaon, Haryana

 

……..COMPLAINANT

       

VERSUS

 

1. SRS Real Estate Ltd.,

Regd. Off. 202 New Delhi House,

Barakhamba Road, Connaught Place,

New Delhi-110001

 

2. SRS Real Estate Ltd.,

Corp. Off. SRS Multiples City Centre,

Sector-12, Faridabad-1210007

 

                        …..OPPOSITE PARTIES

 

ORDER

Member: Ritu Garodia

 

        The Complaint case is based on advertisement for flats in SRS residency in Sector-88, Faridabad. Complainant was allotted two bedroom flat bearing JD no.A/FBD/88/244 vide letter dated 10.01.07. There was a delay in construction and offer of possession was given vide letter dated 23.12.10 and demand was raised for an amount which is disputed on the grounds of service tax. The complainant prays that OP should provide compensation for delay in construction and pay the service tax and remove the interest charges on delayed payment.

        OP in its version has admitted the complainant has paid Rs.14,86,512/- but a sum of Rs.9,80,871/- (excluding interest) was due from the consumer on 05.01.11. OP further avers that due to nonpayment of installments by allottees and economic recession had resulted in delay in the project. OP cancelled the complainant’s allotment due to nonpayment of dues vide letter dated 24.08.11. Refund was also made vide cheque no.008328 dated 12.11.11 for Rs.14,86,512/- as full and final settlement which was duly encashed.

        The complainant has filed application to set aside the cancellation and also filed a letter dated 21.02.14 wherein OP has offered possession and registration. OP has filed a reply wherein it was stated that letter was issued due to clerical mistake and is therefore withdrawing the letter.

        We have gone through the file and considered the rival submissions. The complainant has already encahsed the cheque for refund as revealed by account statement. The complainant has not rebutted the fact of encashment in any pleading and unnecessarily continued with the litigation. Hence this prayer regarding the service tax, removal of interest charged on delayed payment and compensation for delay in construction has become infructous.

        The complaint is therefore dismissed.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

 

        Pronounced in open Court on 22.04.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER