Case No.CC/313/2011

Date of Institution:-05.09.2011

Order Reserved on :- 15.04.2024

           Date of Order :-12.09.2024

IN THE MATTER OF:

Smt. Ruksana Tabassum

3764, Magazine Street,

Churiwalan, Delhi – 110006.

          …..Complainant

VERSUS

M/s. Piyush Colonisers Pvt. Ltd.

A-16/B-1, Mohan Cooperative Industrial Estate,

Main Mathura Road,

New Delhi – 110044.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatthe complainant booked a plot with OP, who is the builder and developer of colonies and accepts advance money from the public to be adjusted against allotment of plot/flat/shop.  In the year 2006, a registration form was issued by the OP for booking plots in their Palwal Township Project at the pre-launch stage (Annexure-1).  As per clause (a) of the above said form the complainant was assured by the OP that allotment of plot in the project shall be made within six months from date of registration i.e. 04.04.2006 and as per clause (e) assurance was given by the OP to the complainant if allotment of plot is not made within 6 months of date of registration then OP will be liable to return the deposits made by the complainant with a simple interest of 11% p.a.  The complainant booked a plot measuring 200 sq. yd. at the rate of Rs.4990/- per sq. yd. for her residence in the above mentioned project of the OP by paying a sum of Rs.2,00,000/- vide cheque dated 04.04.2006 (Annexure 2) which the OP acknowledged vide receipt issued by them (Annexure 3).  The OP has demanded an additional amount of Rs.2,00,000/- which the complainant also paid vide receipt dated 20.12.2008 (Annexure 4).  The OP has not allotted plot to the complainant till November, 2007.  The complainant has demanded refund of his deposited money alongwith interest @ 11% p.a.  The OP has assured the complainant that the plot in question would be allotted to her in the next 6 months and paid interest amount of Rs.22,000/- vide cheque on amount of Rs.2,00,000/- deposited with OP.  The complainant has prayed for interest @ 11% p.a. on the total amount deposited with the OP. But the OP has paid Rs.3,97,734/- to the complainant vide cheque dated 12.03.2011 against refund of principal amount of Rs.4,00,000/- after deducting the TDS of Rs.2,266/- on interest amount of Rs.22,000/- paid earlier to the complainant in 2007.
2. Notice was served to OP. The OP have contested that full and final settlement had been reached to the complainant’s full satisfaction towards her account and the complainant has cancelled her booking at her own and thus OP is not liable towards any claim made by the complainant. The complainant is no more consumer. The case was reserved for order and the order was issued vide order dated 02.01.2014 in which OP was directed to pay the complainant interest @ 11% p.a. on Rs.4,00,000/- w.e.f. 12.03.2011.  When she was refunded the principal amount by the OP alongwith Rs.15,000/- for mental agony and harassment and Rs.5,000/- for litigation charges within 30 days from receipt of the order.
3. The OP has preferred an appeal before the Hon’ble State Commission. In the order of Hon’ble State Commission, the Appellant/OP has taken plea of having repaid the amount to the Respondent/Complainant in full and final settlement. The said plea is not taken into consideration while deciding this case and the interest @ 11% p.a. has been wrongly awarded w.e.f. 12.03.2011 as on said date principal amount was refunded to her.  The Hon’ble State Commission has accepted the appeal and set aside the impugned order and remanded back the matter to the Ld. District Forum for deciding it afresh after taking into consideration the plea of settlement also as has been raised by the appellant/OP in the written statement.
4. The complainant herself signed a written letter alongwith original receipt for refund of her money and the OP has refunded the full and final settlement of Rs.3,97,734/- after deducting TDS of Rs.2,266/- to the complainant. Hence, the complainant is no more consumer.
5. In view of the aforesaid facts, the complainant has received the full and final settlement volunteerally. The complainant is nor more consumer and accordingly the complaint is dismissed.
6. No order to the cost.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 12.09.2024.