Delhi

New Delhi

CC/465/2012

Ritu Gupta - Complainant(s)

Versus

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

01 Sep 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/465/12                        Dated:

In the matter of:

Ritu Gupta,

W/o Sh. Mukesh Gupta,

R/o B-563, G.F, gali no.1,

Majlis Park, Delhi

……..COMPLAINANT

       

VERSUS

1. M/s. TDI Infrastructure Pvt. Ltd.,
2. M.D/Director of M/s. TDI Infrastructure Pvt. Ltd.,

Both at:

9, K.G Marg, Delhi-110001

Also at:

G-7, G.F, Connaught Circus,

Opp. Madras Hotel Block, Delhi-01

                                         ……. OPPOSITE PARTY

 

ORDER (Oral)

Date of Arguments: 01.09.2015

President: C.K Chaturvedi

Present:    Counsel for Complainant.

                None for OP.

               

The short case of deficiency alleged is that Complainant booked flat in G-6 Tower bearing no.0404 in OP’s TDI Kundli Kings berry which was delayed due to unavoidable circumstances admitted by OP in its letter dated 06.07.11. It has communicated to Complainant that they can be accommodated in another existing Tower W. Complainant replied agreeing to accept the flat in W Tower but thereafter complainant did not hear from OP.

 This letter was sent on 19.07.11 acknowledged by postal receipt. OP did not reply to letter and another reminder dated 05.08.11 was sent asking confirmation for availing new terms to contact before 16.08.11, failing which offer will stand null and void. It is stated by complainant that the aforesaid letter was not received by him as mentioned in complaint.

We heard the matter, gone through complaint, reply and evidence in summary manner and find it, that OP is relying on the reminder for offering alternate tower. As matter of fact, case of complainant shows contract of flat in G tower got frustrated u/s 56 of the Indian Contract Act 1872, due to non making of tower, and stands null and void, and OP was under the obligations to return payment of Rs.9,50,152/- to Complainant immediately or its own. It is unpaid so far which should had been done in 2011 only.

Thus, holding OP guilty of not returning amount on frustration of contract, we direct OP to return Rs.9,50,152/- along with 18% interest from 6.07.11 till payment and we also award a compensation of Rs.50,000/- for harassment, mental agony 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 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 01.09.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 (Ritu Garodia)

MEMBER