Delhi

New Delhi

CC/893/2011

Saurabh Gupta - Complainant(s)

Versus

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

24 Jul 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110001.

 

Case No.CC/893/11                            Dated:

In the matter of:

Sh. Saurabh Gupta,

S/o Sh. Shyam Behari Gupta,

R/o B-12, Moti Nagar,

New Delhi-110015

……..COMPLAINANT

       

VERSUS

M/s. Taneja Developers & Infrastructure Ltd.,

Through its Managing Director/Directors,

G-7, Ground Floor, Connaught Circus,

New Delhi-110001

                         ………. OPPOSITE PARTY

 

ORDER

President:  C.K Chaturvedi

The allegations of deficiency against OP are in respect of not making an allotment of a flat in “Kingsbury Flats” at Kundli, after accepting the booking amount from complainant by way of a transfer. It is alleged that complainant initially in 2006, paid a sum of Rs.3 lakhs against Future projects towards further demand made by OP. It is alleged that the project was developed and flats were being offered to subsequent booking holders, but the OP failed to make any allotment to the complainant, and by this complaint she seek allotment of flat not so far given by the deficiency on the part of OP.

The OP has filed its version admitting the deposit of Rs.5,50,000/- with it from complainant. However, it is stated by it in reply that despite repeated demands from OP, the complainant failed to make further payments and therefore the allotment was cancelled.

Complainant and OP both have filed evidence on affidavit. We have considered the evidence and submission made by the parties. It is seen from the evidence of OP that though it has stated that it issued no. of demand letters to complainant, it has failed to place on record any such letter issued. The OP has also failed to place any allotment letter specifying any flat no., tower, floor on location of allotted plot. In the absence of any allotment first, there is no question of any further demand, nor there any cancellation of allotment/booking without any flat buyer agreement between the parties. The case of complaint is that the OP wanted complainant to buy the flat at market rates and therefore did not allot the flat. The case of OP does not inspire any confidence. It appears to us that OP has simply avoided to issue allotments to complainant and has enjoyed the deposit of complainant without returning it or cancellation and never intends to allot to her.

In the circumstances, we hold OP guilty of deficiency and direct it to allot a flat in it scheme, or a similar flat in the same location project, at the rates booked by complainant, and if the same is not acceptable to complainant, OP will return the money of Rs.5,50,000/- from date of deposits till payment with interest @ 18% (Eighteen percent) p.a. and pay compensation of Rs.35,000/- and Rs.15,000/- as litigation expenses.

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 24.07.2015.

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 (RITU GARODIA)

MEMBER