Delhi

New Delhi

CC/219/2014

Kanika - Complainant(s)

Versus

M/S. Tanaja Developers Infrastructure - Opp.Party(s)

06 May 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/219/14                                                                                                                                                                                Dated:

In the matter of:

Mrs. Kanika Agarwal,

W/o Sh. Prakash Agarwal,

R/o C-394, Saraswati Vihar, Delhi

……..COMPLAINANT

       

VERSUS

TDI Infrastructure Ltd.,

Through its CMD,

9, K.G Marg, New Delhi-110001

                                         ……. OPPOSITE PARTY

 

ORDER (Oral)

Date of Arguments: 06.05.2015

President: C.K Chaturvedi

Present:    Counsel for the Complainant.

                Proxy Counsel for the OP.

                Arguments heard at length.

               

The Complainant booked a plot in Tuscan Royale at Kundli, Sonipat, Haryana for which OP has invited applications for allotment of plots. It was one of the terms that if Company was not able to allot the above plot within one year, it has to return the deposit amount with interest @ 10% per annum. Complainant deposited Rs.8 lakhs by two cheques of equal amount dated 23.09.11 & 25.09.11. Complainant was issued a receipt dated 29.10.11 with registration no.KTR 0044.

The allotment was not made till 2014, when a legal notice was sent reminding of earlier demands and OP failed to refund the same. Therefore this complaint is filed stating deficiency

OP filed its reply but has not explained why the return was not made despite several reminders and legal notice though it consumed more than 5 pages of reply writing irrelevant statements.

An application is also made today to amend the reply, and it is allowed, as it did not impact or change anything on the part of OP.

The Counsel for OP is not available to argue anything as there is nothing to say or explain.

Hence, holding OP deficient, we direct OP to refund Rs.8 lakhs along with 10% interest from date of deposit till payment as per agreement between parties. We also award a compensation of Rs.50,000/- for deficiency, harassment inclusive of litigation expenses.

The order shall be complied with 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 06.05.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER