Delhi

New Delhi

CC/491/2012

Bhagwan Dass Gupta & Anr. - Complainant(s)

Versus

M/S. TANEJA DEVELOPERS & INFRASTRUCTURE LTD - Opp.Party(s)

24 Aug 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/491/12                                                                                                                                                                        Dated:

In the matter of:

1. Sh. Bhagwan Dass Gupta,

        S/o Mitra Sain Gupta,

2. Sh. Rajinder Agarwal,

        S/o Chuni Lal,

Both R/o 200, Sharda Niketan,

Pitampura, Delhi

……..COMPLAINANTS

       

VERSUS

Taneja Developers & Infrastructure Ltd. (TDI),

9, K.G Marg, New Delhi-110001

 

                                         ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

The complainant got transferred in his name a plot bearing no.K-613, at TDI City Kundli. The plot measured 500 sq. yd @ Rs.7,250/- sq. yd. on 6.06.08 and sum of Rs.42,95,000/- stood paid. From time to time more demands were raised on account of EDC, enhanced EDC delay etc, which complainant paid and in this way as per detailed in statement placed on record had paid total Rs.62,37,162/- against total cost of Rs.47,06,250/- inclusive of EDC, as on 15.04.12. A statement dated 06.06.08 showed that Rs.25,000/- was extra paid by complainant to OP. Thereafter he has been charged Rs.15 lakhs more. It is alleged that on 19.02.11, when he want to see the plot on 19.02.11, he was surprised to find that the plot offered was not perfect rectangular, but of trapezium shaped, by adding 117.84 of adjoining land triangular in shape. It has increased the area of plot to 617.84 sq. yd. It was also not on 24 meter road, but on 18 mt. road, and he has been unnecessary charged extra PLC. The trapezium shaped plot cannot be put to any use. It was not booked by him, and it was being forced upon him and he had been charged EDC and enhanced EDC on this added area, without his consent. In this way he paid around Rs.15 lakhs more than agreed size of 500 sq. yds, and was misled by assurance that it was perfect rectangular plot. He seeks refund of the extra amount and wants OP to carve out exact rectangular plot and take away added area of green. The OP in reply has justified the charges for extra plot.

We have considered the rival case and even in effort was made that OP agrees to give e extra land at original rate and not at present rate. However, OP has not come out with fresh SOA ordered on 28.04.15. It wants complainant to accept and pay for the entire 613 sq. yd.s area by selling the plot in that shape.

 After considering the entire evidence, site plan of plot placed on file, that OP is unilaterally imposing a plot irregular in shape on the complainant, which was not booked and neither Court can ask the complainant to accept the altered plot. This is pure unfair trade practice. The OP is directed to return the extra charges of EC etc and other charges for extra area with interest @ 12% per annum from date of respective deposits and carve out exact area of rectangular 503 sq. yd. plot, in line with plot of others. The extra rectangular area, a green unused, may be developed by OP at tot lot for residents.

The OP is directed to comply with this order within 30 days, failing which it will pay interest @ 18% on extra charges to be returned, till payment.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken 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 24.08.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER