Delhi

New Delhi

CC/726/2011

Vinod Gupta - 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.C.C./726/11              Dated:

In the matter of:

Sh. Vinod gupta,

R/o B-4/41, Safdarjung Enclave,

New Delhi-110029

        ........COMPLAINANT

VERSUS

1. M/s. TDI Infrastrcuture Pvt. Ltd.,
2. Mr. Ravinder Taneja, Director
3. Mr. Ved Prakesh, Director,

All R/o:

M/s. Taneja Developers & Infrastructure Ltd.,

9, Kasturba Gandhi Marg,

New Delhi-110001

Also at:

C-116, Ghanta Ghar, Hari Nagar, Delhi-64

                  ……..OPPOSITE PARTIES

ORDER

President: C.K Chaturvedi

        The facts of the complaint are that Shri Vinod Gupta, registered with OP, in its future project “Wellington in Mohali’, based on lucrative advertisement showing construction at site.  He deposited Rs.4,50,000/- with OP on 4.5.06 by a cheque. He had booked for a residential flat of 1500 sq.ft.  It is stated that in Oct. 2006, vide letter of 29.1.06, he was offer a flat of 1825 sq.ft, though no flat no. was intimated.   It mentioned a payment schedule not given with letter.  It was only for giving priority in allotment.  There was no agreement executed till then, as flat was notified.  He followed up and in 23.1.07, he received authority letter demanding Rs.2,73,750/- to give priority in allotment on 11.12.07.  He again received a letter demanding Rs.3,71,250/- towards sale consideration, though no allotment was still there and it was stated to be last and final reminder. Then he received a letter dt.05.01.08 intimating Bhoomi Pujan, followed by letter dated 30.01.08, demanding Rs.3,71,250/- outstanding. It followed a letter dated 14.06.10, demanding Rs.7,26,695/- for changed plot area of 1684 sq.ft. Then came last & final reminder of 07.01.11 and on 21.02.11, his registration was cancelled for want of payments. The complainant alleged that OP never provided complete information sought from time to time, and misled him by saying that construction was in full swing, at the time of booking, though Bhoomi Pujan was on 5.1.08.  He demanded refund by saying that OP kept his money for more than 5 years without giving document of customer ID on MPF 10258.

        OP in its reply has stated that he committed default; therefore, his registration is cancelled.  It does not explain why different letters were sent demanding payment without any agreement or confirmed allotment after booking, without flat no., and why project was shown in full swing when bhoomi poojan was in 2008.  These facts clearly show that in the name of future project, by showing wrong picture, OP book money from complainant and kept it with it for last of 9 years.

        After considering the case of both sides submission we hold OP guilty of deficiency in service and OP is directed to pay a sum of Rs.4,50,000/- @ 18% from the date of accepting money, in 30 days time, failing which it will pay 20% interest for lost opportunity, for the delayed period and we also award compensation of Rs.50,000/- as harassment charges inclusive of 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