Delhi

New Delhi

CC/306/2013

Sher Singh - Complainant(s)

Versus

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

-

22 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/306/13                 Dated:

In the matter of:

MS.SHER SINGH,

S/O LT. SH.CHAIT RAM

R/O HOUSE NO.87/B,

STREET NO.13,WEST AZAD NAGAR,

KRISHNA NAGAR, DELHI-110051

……..COMPLAINANT

 

VERSUS

TDI INFRASTRUCTURE LTD.THROUGH

MANAGING DIRECTOR

M/S. TDI INFRASTRUCTURES LTD.

9, KASTURBA GANDHI MARG

NEW DELHI-110001.

                         

         ………. OPPOSITE PARTIES

 

ORDER

MEMBER: RITU GARODIA

The complainant pertains to deficiency in service on part of OP for non-delivery of residential unit.

 The Complainant, a senior citizen, booked a unit with OP.  He was issued a customer ID No. KFL-15702 and allotted a unit bearing No. V-5-403 in project titled “KINGSBERRY in TDI City, Kundli.  A construction based payment schedule is annexed with the Complainant.  The Complainant had paid Rs.15,70,715/- as per statement of account dated 7.2.2012 annexed with the Complainant.  The Complainant visited the proposed site multiple times but was unable to locate the block                        V-5.  Subsequently, he addressed queries regarding the actual location of block V-5 with OP but no response was given to him.  Consequently the complaint  was filed.

OP in its written version has admitted the booking by Complainant vide advance registration form and provisional allotment for flat No.V-50403.  OP sent reminder letter dt.7.9.2010 and 31.1.2011 for payment of EDC annexed with reply.  OP alleges that numerous reminders were sent after that though none are annexed with the record.  OP also issued a letter dated 5.8.11 for confirmation of allotment after clearing all dues failing which registration stands cancelled.  OP also issued another letter dated 12.4.12 as reminder to complainant to pay all dues.

We have given thoughtful consideration to arguments by both parties along with documents and correspondences on records.  The booking and provisional allotment is an admitted position by both parties.  Payment of Rs.15,10,715/- by Complainant is admitted by OP in its reply as being matter of record.  Statement of account annexed at page 11 of complainant shows that payment dated 7.2.2012 Rs.15,10,715/-  has been received till 12 Jan., 2011 including EDC charges amounting to Rs.4,01,000/-   Reminder letter dated 7.9.2010 has been duly satisfied.  Scrutiny of letter dated 5.8.2011 shows that it was a reminder for a change of allotment of a flat in KINSBERR flats.  It also mentions earlier letter dated 24.6.2011 which has not been annexed by OP.

It is clear from the letters annexed by OP that there was some offer regarding change in allotment of flats which might not have been acceptable to Complainant.  The Complainant has alleged that tower V5 could not be located and OP has not placed any proof on record regarding the construction and existence of tower V5.  In this scenario, complainant could not be expected to continue making payment despite no physical evidence of actual construction at that point of time.  The OP acting in capricious and whimsical manner continued making repetitive demands for money without fulfilling their part of contract by actual, timely construction of tower.

We, therefore find OP guilty of deficiency and direct OP to offer the possession of flat V5-0403 at the rate agreed in advance registration form or refund Rs.15,10,715/-   with 18% of interest from date of filing till payment.   

We also award Rs.50,000/- as compensation for harassment, mental agony, inconvenience caused  inclusive of  litigation expenses.

The order shall be complied with 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.

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

 

        Pronounced in open Court on 22.04.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)         (RITU GARODIA)

MEMBER                          MEMBER