Date of Decision: 17.7.2014
First Appeal NO. 40/2012
| Vinod Kumar Gandhi S/o Late Sh. R.S. Gandhi, R/o 197, State Bank Nagar, Paschim Vihar, New Delhi-63 | .........Appellant |
VS
| Puri Constructions Pvt. Ltd., 1208-1210 Surya Kiran Building, 19 K.G. Marg, Connaught Place, New Delhi-110 001 Through competent Authorized Director/Manager/Officer | ………...Respondent |
CORAM
SALMA NOOR, MEMBER
N P KAUSHIK, MEMBER (JUDICIAL)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
N P Kaushik, Member (Judicial)
Appeal is directed against the order dated 4.7.2011 passed by the District Forum-VI, M Block, Vikas Bhawan, IP Estate, New Delhi in complaint case No.996/09.
In brief, the complainant/appellant booked a residential plot with the OP and paid an amount of Rs.5,00,000/- as booking amount. The complainant/appellant was allotted a plot on 9th floor bearing No.C-2/902. The complainant/appellant did not like the allotment on the 9th floor. He asked for a change of the floor. After receiving no response from the OP, he opted out of the purchase and demanded the refund of the money. The OP after deducting 10% of the booking amount refunded an amount of Rs.4,50,000/- to the complainant. The terms and conditions relating to the deduction of 10% of the booking amount are contained in clause 14 and 15 of the Agreement dated 28.12.2007. There is no dispute on the terms and conditions of the Agreement. The only contention put forth by the complainant/appellant is that there is no allotment in the eyes of law as he had not signed any Agreement. The complainant/appellant has taken us through a letter dated 26.2.2008 referring to a copy of the Agreement being sent along with the letter. Admittedly, the said letter is a copy of the Agreement produced before us by the Complainant/Appellant. The OP has deducted 10% of the booking amount when the complainant/appellant chose to opt out of the deal. The appeal is, therefore, devoid of merits. The same is hence dismissed.
