Delhi

New Delhi

CC/2005/2011

Harjeet Singh & Ors. - Complainant(s)

Versus

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

16 Mar 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/2005/11                                                                                                                                                                              Dated:

In the matter of:

Sh. Harjeet Singh & Ors,

R/o C-11-A, Tilak Vihar,

New Delhi-110018

……..COMPLAINANT

       

VERSUS

 

M/s. TDI Infrastructure Pvt. Ltd.,

TDI House, G-7, Connaught Place,

Connaught Circus, Opp. Madras Hotel,

New Delhi-110001

                                         ……..OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

 

The Complainant, a Delhi Govt. servant registered for a 1164 sq.ft of flat in Tucsan City promoted by OP in Sonipat. He deposited Rs.3 lakh as registration amount and opted for construction linked plan. The next 15% of the price as installment was to be paid at the time of allotment. The OP instead of allotting a flat no. sent another demand of Rs.3,54,354/- on 09.08.10, for giving priority in allotment. He enquired about meaning of priority in allotment and wanted to see terms & conditions to that effect, which OP failed to show, and rather asked him to deposit Rs.10 lakhs, for immediate allotment.

He being a Govt. servant applied for withdrawal of Rs.10 lakhs from his GPF account. The same was withdrawn by him OP allegedly refused to accept even that and he had to redeposit the same in his office back. Thereafter, he filed this complaint.

The OP in reply has stated failure of OP to pay additional demanded of 15% for priority in allotment, leading to cancellation.

We have considered the evidence of parties and material on record and heard the submissions. We finds that complainant acted very fairly and in bona fide manner to book the flat and was even ready with 10 lakhs equivalent to 4 installments, but OP dragged its feet, for no reason and without any sufficient apartments cancelled the allotment mechanically, leading him to litigate. He has demanded only refund of amount paid. The OP should have itself refunded the amount in 2010, on cancellation. It did not have act deficiently and imperfectly in cancelling the allotment and not accepting the ready money.

 OP is directed to return the Rs.3 lakhs with interest of 18% from date of deposit till payment and pay Rs.2 lakhs for compensation for lost opportunity, deficiency and Rs.20,000/- for litigation expenses.

The order shall be complied 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 16.03.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER