Delhi

New Delhi

CC/107/2014

SH. Jagdish Chand - Complainant(s)

Versus

M/s. Taneja Developers Infrastructure Ltd. - 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/107/14                                      Dated:

In the matter of:

Sh. Jagdish Chand, S/o Sh. Tara Chand,

R/o A-72, Duggal Colony,

Devli Road, Khanpur, Delhi

……..COMPLAINANT

       

VERSUS

M/s. TDI Infrastructure Pvt. Ltd.,

9, K.G Marg, New Delhi-110001

                                         ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

               

The Complaint of deficiency pertains to non-allotment of a flat booked by Complainant in 2006, at Kundli, Sonepat, by deposit of Rs.3 lakhs. The allotment was to be made in 6 months of booking. The customer ID no. KFL16508, was generated. The Complainant deposited in total about Rs.16 lakhs and more, without getting allotment. The payment statement against the customer ID is placed on record. Till 2014, even after 8 years, the complainant has not heard anything, despite his meeting various officials in OP’s office. He seeks allotment & compensation.

The Complainant was heard on limitation and finding it a continued cause of action, the complaint was admitted. The Counsel for OP, Mr. Bhardwaj appeared but failed to file reply for one year and its defense was struck off on 06.05.15, and arguments heard.

The evidence on record Exh.CW1/1 to Exh.CW1/3 (receipts) consists of statement of account issued by TDI in respect of certain ID of complainant, shows payment of 16 lakhs. The same is accepted as evidence of transactions, with no more proof. The OP has failed to file any reply to explain its position. The complainant has stated that he is also ready to get the money returned with interest @ 12%, if OP does not offer the booked flat in Kingsbury, Kundli.

On consideration of all material on record, we find a clear case of deficiency in service towards complaint.  The OP is directed to give allotment & possession of unit TM16176, at the rate agreed at time of booking and other charges if any or return the amount of Rs.16 lakhs deposited, with interest 12% per annum from date of deposit till payment and pay Rs.50,000/- for compensation and deficiency and Rs.20,000/- for 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