Delhi

New Delhi

CC/629/2013

Pradeep Garg - Complainant(s)

Versus

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

21 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/629/13                       Dated:

In the matter of:

SH. PRADEEP GARG,

S/O SH BHARAT SINGH GARG,

R/O E-859, SARASWATI VIHAR, DELHI

                 ……..COMPLAINANT

 

VERSUS

 

M/S. TDI INFRASTRUCTURES LTD.

THROUGH ITS C.M.D.,

9, KASTURBA GANDHI MARG

NEW DELHI-110001.

………. OPPOSITE PARTY

 

ORDER

Member :  Ritu Garodia

 

The brief facts of alleged deficiency are that complainant had booked a flat with OP in its project “Kingsberry Flat, TDI City, Sonepat”.  Complainant had paid Rs Rs.1,51,074/- towards one of installment which was dishonored due to insufficient funds in the account.  He received two letters from OP dated 14.5.2015 which informed that the cheque for Rs.1,51,074/- has been dishonored and he can resubmit it by 24.5.2015.  The complainant made the payment on 24.5.2015 vide demand draft which was accepted along with Rs.5,000/- as dishonor charges. However, to his utter shock, the said unit was cancelled vide letter dated 22.5.2012.  The complainant again requested them for restoration but OPs returned the demand draft on  17.6.2013 along with covering letter. All correspondence and annexed with complaint.

OP in its version has admitted the correspondence dated 14.5.15 and stated that payment had to be made within seven days along with penalty charges for Rs.5,000/- in  Para 5 of its reply.  OP also admits to cancellation letter dated 22.5.15.  In Para 6 of its reply, it admits demand draft was accepted “subject to approval of management”.  The return of demand draft on 17.6.2013 is also accepted as according to them the allotment was already cancelled.

Careful perusal of pleading and correspondence reveals that OP is taking contrary stand on various dates.  The relevant portion of letter 14.5.2013 is reproduced “However, keeping in mind our harmonious customer relationship, we once again request you please remit your total outstanding as on or before 24^th May, 2013 to avoid any further inconvenience”.  OP in his version in the Forum has stated that payment had to make within seven days and consequently the unit was cancelled on 22.5.2015.  OP further aggravated the misery of complainant by accepting the demand draft along with penalty charges on 24.5.2015.  OP has not produced any plausible and reliable evidence showing that draft was accepted conditionally.  Merely making bald statement about conditional acceptance of demand draft will lead OPs nowhere.  OP by arbitrary cancellation of unit by return of demand draft has acted in a cavalier and patronizing manner with scant regard towards just, equity and lawful conduct.  OP has given a due date for 24.5.2014, accepted the draft unconditionally along with penalty charges and then unilaterally and arbitrarily cancelled the unit.  The hapless consumers in these cases suffer immense harassment where their hard earned money in at stake, while OP is enjoying their money without any hindrances.

In our considered view, the cancellation of unit by OP is bad in law and set aside.  OP is directed to restore the unit at the initially agreed rate.  In the event, the unit is not available, OP will offer alternate unit acceptable to complainant.  If the alternate unit offered is not found suitable by complainant, OP will refund the amount with 18% interest from date of cancellation till payment.

We also direct OP to pay a compensation of Rs.50,000/- for undue misery and harassment caused to consumer due to deliberate deception as part of OP inclusive of litigation charges.

        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 21.08.2015.

 

 

       

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(RITU GARODIA)

MEMBER