Delhi

New Delhi

CC/1272/2009

Shreya Gupta (Minor) - Complainant(s)

Versus

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

24 Nov 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/1272/09                      Dated:

In the matter of:

Shreya Gupta (minor)

Through Natural Guardian/Father

Sh. Vinod Kumar Gupta

827, Kucha Pati Ram, Sitaram Bazar, Delhi-110006

……..COMPLAINANT

       

VERSUS

 

TDI Infrastructure Ltd.,

9 Kasturba Gandhi Marg,

New Delhi-110001

                                         ……..OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

 

Mr. V.K Gupta father of Shreya Gupta booked a flat with OP on 28.02.06 and paid a sum of Rs.9 lakhs, by three different cheques dated 28.02.06, of equal amount in the name of his child as per Exh.C1 and receipt as per Exh.C2(Colly) but OP remained silent for one year despite several visits to it but all efforts got in vain. Ultimately complainant sent a letter to cancel the flat as per Exh.C3 (Colly) but OP again remained silent. OP neither replied the letter nor informed any message or any communication conveyed. Desperately complaint was filed on 21.09.09.

While evaluating W.S it is noticed that OP has explained that provisional booking was flat on 30.10.06. Further OP also admitted that the possession of flat was to be given within six months to the complainant as per provisional allotment but it could not be materialized due to some future installments lapses. At the same time OP also admitted in Para C due to sudden decline in real estate prices global economic meltdown, project in question could not be completed in time but OP never referred about intimation regarding request letter of complainant for cancellation before entering into argument as alleged by complainant which appears the dishonesty, concealment of facts and mala fide intention of OP.

We notice that OP deliberately collected huge money from various desperate consumers under false temptation of “Dream Asiana” to be located at Kundli Project Haryana without approval. Thus we find OP is deficient and adopted unfair trade practices to collect money and to kill the time and money of poor consumer.

Keeping in view, OP is directed to refund Rs.9 lakhs along with 12% interest from date of deposit till realization within 30 days from the date or order failing which 18% interest will be charged thereafter. We also award Rs.1,50,000/- as compensation for harassment and litigation charges to the complainant.

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 24.11.2015.

 

 

                   

(C.K.CHATURVEDI)

PRESIDENT

 

 

 (Ritu Garodia)

MEMBER