Delhi

New Delhi

CC/542/2014

Nitin Dua - Complainant(s)

Versus

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

23 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/542/14                                      Dated:

In the matter of:

Sh.Nitin Dua,

S/o Sh. Narender Kumar Dua,

R/o H.No.49, 2^nd Floor, State Bank Colony,

Delhi-110009                          

 

……..COMPLAINANT

      

VERSUS

 

M/s. TDI Infrastructure Pvt. Ltd.,

UGF, Vandana Building, 11, Tolstoy Marg,

Connaught Place, New Delhi-110001

 

                                         ……. OPPOSITE PARTY

 

 

 

ORDER

President: C.K Chaturvedi

              

The Complainant booked a property in TDI City Kundli project of Sonepat against book no.KTF-300128 on 24.12.11. He deposited a total of Rs.11,53,970/- till 2012. He was not given allotment of property till 2014 nor refunded the deposit on  requests and legal notice etc. Therefore, this complaint of deficiency in service by OP is filed seeking refund & compensation for deficiency.

The OP filed a designers make believe reply admitting booking and deposit of amount and blaming complainant for not making timely payments as per payment plan. It is stated that an allotment of block plot no.T-164/Duplex was issued on 06.08.14, vide annexure R-V with reply. The reply is silent on the demand letters ever issued after allotment letter, or any reply ever given till 2012, to requests of complainant to know status of project, or even telling him that he was in default. The said allotment letter is a basic theoritcal intimation of allotment of flat no. in upcoming project.

We have considered the pleading, documents filed by both the parties. The OP was asked by the Forum to provide status of construction, if any on 24.04.15 but it failed to show. It failed to show by evidence or otherwise any demand letters issued or even cancellation letter, as pleaded by it in reply. No postal delivery receipt of intimation of allotment letter issued is place on record. After hearing on the complainant, we found it a make believe castle of just denying the refund of money, to gain more time by process of litigation.

We hold OP guilty of deficiency and unfair trade practice. OP is directed to return Rs.11,53,970/- with interest @ 9% p.a. from date of seeking refund on 20.05.14, till payment, and pay compensation of Rs.50,000/- to complainant for deficiency and 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 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.23.11.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 (Ritu Garodia)

MEMBER