Delhi

New Delhi

CC/2028/2011

Brij Mohan Gupta - Complainant(s)

Versus

M/S. Taneja Developers & Infrastructure Ltd. - Opp.Party(s)

17 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/2028/11                                Dated:

In the matter of:

SH.BRIJ MOHAN GUPTA

 S/O. SH. J P GUPTA

 R/O.H.NO.48 , 2^ND FLOOR,

ANAND VIHAR, PITAMPURA,

NEW DELHI-88

 ……..COMPLAINANT

         

VERSUS

M/S. TDI INFRASTRUCTURE LTD.

UPPER GROUND FLOOR, VANDANA BUILDING

11, TOLSTOY MARG, NEW DELHI-110001.

 

                                        ………. OPPOSITE PARTY

 

 

ORDER

Member: Ritu Garodia

The claim pertains to deficiency on part of OP builder in unilaterally cancelling of flat of complainant.

The complainant booked a flat in TDI City Kundli.  He was assigned customer identity No.KFL-14086 he paid Rs.4,00,000/- vide receipt dated 28.2.06, Rs.3,00,000/- vide receipt dated 08.12.2006, Rs.2,77,232/- vide receipt dated 17.7.2007, Rs.4,00,562/- vide Demand Drat dated 16.11.2011 and Rs.2,77,235/- as proved by bank statement of complainant dated 22.11.2011.  All receipts, statements, draft are annexed with complaint.  The complainant had issued a cheque on 11.11.11 which was dishonored due to bank’s mistake. An apology letter was issued by bank dated 19.11.2011 which  is duly annexed with complaint.   The said letter revealed that there was sufficient fund in the account to clear the cheque which got dishonored.  The complainant immediately made a demand draft dated 16.11.2011 in favour of OP for the said amount and handed it over to OP.  Complainant has filed the present complainant regarding direction to OP to give possession of aforesaid flat at the agreed price.

OP in its reply has admitted the booking of flat along with customer identity code.  OP has annexed advance registration form and demand letter dated 29.11.2006 for Rs.3,00,000/-.  Subsequently OP issued a provisional allotment dated 24.4.2007, allotting a flat No.V4-0803 (letter annexed) along with another demand letter dated 29.6.2007 wherein Rs.2,77,235 has been demanded OP in its affidavit has stated that complainant has not made timely payments and a reminder letter dated 28.10.11 was sent which was received on 31.10.2011 according to POD annexed with the reply.  OP admits receiving of cheque which was dishonored.  It is submitted that, hence, OP was forced to issue a cancellation letter on 18.11.2011.  OP again issued a letter dated 12.5.2012 confirming the cancellation.  OP has justified its action on ground of continuous default despite several reminders by complainant and has further alleged that the flat was booked for resale and speculative purpose.  OP has reiterated again and again that it being a customer-friendly organization gave sufficient opportunity to complainant to make the payments and as the complainant failed to make the payment, he is not entitled to any relief.

We have gone through rival contentions of both parties supported by sworn affidavits, OP has cancelled the allotment on two grounds:-

1. Continuous default despite reminders
2. Booking was made for speculative and investment purpose.

Scrutiny of record reveals that for reminder letter dated 29.11.2006 and letter dated 29.6.2007, payments were made and receipt issued on 8.12.2006 and 17.7.2007 respectively.  There was no default or delay in timely payments and provisional allotment was issued by OP.  A demand letter was sent on28.10.11 and a cheque was duly issued by complainant on 11.11.2011 which got dishonored due to bank’s mistake and an apology letter by concerned bank dated 19.11.2011 is placed on the record file.  The complainant immediately on becoming aware of dishonored cheque handed over a demand draft to OP and made further payment of Rs.2,77,235/- dt.22.11.2011, which is substantiated by bank statement.  The OP declaring itself to be customer friendly organization, cancelled the booking within 6 days of dishonor of cheque.  After accepting the demand draft and payment on 22.11.2011, OP showing cavalier and patronizing attitude reconfirmed the cancellation in May, 2012.  OP is completely silent about the amount received.  Moreover, OP has neither disputed the receipt issued nor annexed the alleged continuous reminder letter.  The records establish that payments were being made within 15 days of demand issued by OP.  Even the dishonor of cheque has been clearly explained and subsequent payment accepted.  Having utilized money of complainant for several years, it is not open to OP to forfeit the money of helpless consumer.  OP has not placed an iota of evidence establishing the speculative intention of complainant. Merely leveling bald accusations and glorifying itself with a customer friendly tag will lead OP no where.

          The artutrary cancellation by OP is against the rules of just, equity and good conscience.  Hence, OP is guilty of deficiency in service and is directed to restore the cancelled flat and accept the balance dues, on originally agreed price.  In case OP is unable to allot the same flat he is directed to refund the amount deposited with 18%interest from date of deposit till realization.  We have also direct OP to pay Rs.2.5 lacs for  harassment, mental agony, inconveniences inclusive of litigation expenses.

 

File be consigned to record room.

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

 

          Pronounced in open Court on 17.04.2015.

 

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)               (RITU GARODIA)

MEMBER                                 MEMBER