Delhi

New Delhi

CC/240/2013

Vivek Mishra - Complainant(s)

Versus

M/S. Triveni Infrastrcture Development Company Ltd. - Opp.Party(s)

30 Apr 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/240/13                                                                                                                                                                                Dated:

In the matter of:

Vivek Mishra,

S/o Sh. A.P Mishra,

R/o A-79, (J) Rail Nagar,

Ashiana, Lucknow-226012

……..COMPLAINANT

       

VERSUS

 

M/s. Triveni Infrastructure Development Co. Ltd.,

J-3/B-1, 1st Floor, Mohan Estate Ext.

Mathura Road, New Delhi-44

                                         ………. OPPOSITE PARTY

 

ORDER

Member: Ritu Garodia

 

We have considered the exparte evidence of complainant where he booked a flat with OP after payment of initial amount of Rs.4,00,000/- (the demand draft and receipt issued by OP are annexed with complaint) on 08.03.07. The amount was paid for a booking of residential plot bearing no.R6-701 at Triveni Signature, Sector-69, Faridabad, Haryana. No development was taking place on OP’s suggestion, complainant transferred his booking to IT project at Faridabad Sector-89 (Agreement date 29.05.08 annexed with complaint). A receipt dated 30.05.08 was issued by OP and annexed with complaint. The consumer finding no development in the IT project requested for refund on 01.01.12. A complaint was also registered with EOW on 14.12.12. A consumer complaint was filed on 05.03.13. Notice was issued to OP but none appeared. OP’s were proceeded exparte on 16.07.13.

We have given thoughtful consideration to documents annexed along with record. The agreement and receipts issued elucidates the principle of “res ipsa loquitur”. The agreement mentions Rs.4,00,000/- has been accepted by OP and the amount is transferred to booking in IT project in Faridabad. Clause 8 of said agreement states that OP will pay 12% interest on principal amount from date of allotment. No allotment in any project has been made to complainant till date.

We, therefore, find OP guilty of deficiency in service and direct it to refund Rs.4,00,000/- with 12% interest from date of deposit till realization. We also award Rs.30,000/- as compensation for harassment and mental agony. We also award Rs.11,000/- towards 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 30.04.2015.

 

 

                   

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(S.R. CHAUDHARY)                 (Ritu garodia)

MEMBER                                  MEMBER

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