Delhi

New Delhi

CC/800/2014

Suresh Kapoor & Anr. - Complainant(s)

Versus

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

20 Oct 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/800/14                       Dated:

In the matter of:

Sh. Suresh Kapoor & Poonam Kapoor,

R/o 373, Joshi Road,

Karol Bagh, Delhi       

                 ……..COMPLAINANT

 

VERSUS

 

M/s. TDI Infrastructures ltd.

Through its M.D, Director(s),

UG floor, Vandana Building,

11 Tolstoy Marg, C.P, New Delhi-01     

………. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

 

The brief facts of alleged deficiency are that complainant had booked a floor with OP in its project “TDI City, Kundli, Sonepat”.  The Independent Floor Buyer’s Agreement was executed on 23.3.2011. In terms of the agreement the completion was to be done in 34 months with a further grace of six months from date of commencement of structure.  The booking had been made in the year 14.12.2009 and the flat No.M-119, First Floor was allotted to the complainant, the photographs placed at page 56-59 of the file. It is stated that the OP made 82 flats and thereafter abandoned the project and now there is no activity going on at the site for last more than 3 years.  Now, faced with this situation complainant demanded refund of the amount deposited which was Rs.6,64,249/- and also issued three reminders and legal notice, but it was not responded to and therefore, this complaint was lodged and OP was found was proceeded exparte, OP has failed to reply since 2014 and has been taking adjournment and fail to settle the issue amicably.  Today, it is clear case of frustration and unfair trade practices of OP.  Now, OP is failing to explain the circumstances under which he failed to refund the full consideration amount Rs.6,64,249/-      and failed to justify non construction of the flat.  OP-1 is directed to refund sum of Rs.6,64,249/-   along with interest of 9% and we also award compensation of Rs.50,000/- for harassment, deficiency and 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 20.10.2015.

 

 

       

(C.K.CHATURVEDI)

PRESIDENT

 

 

(RITU GARODIA)

MEMBER