Haryana

StateCommission

A/234/2018

TDI INFRASTRUCTURE PVT.LTD. - Complainant(s)

Versus

RAJ KUMAR - Opp.Party(s)

MUNISH GUPTA

06 May 2022

ORDER

 

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First Appeal No.234 of  2018

Date of the Institution:22.02.2018

Date of Decision:    06.05.2022

 

TDI Infrastructure Ltd. (formerly M/s Intime Promoters Pvt. Ltd.), 9,Kasturba Gandhi Marg, New Delhi-1

Also at : 10, Shaheed Bhagat Singh Marg, Gole Market,New Delhi.

Also at : Site Office situated atKingsbury in TDI City,NH-1, GT Road,Kundli, Sonepat.

Through their authorized representative Sh.Tejinder Rathee S/o Sh.DP Rathee R/oH.No.3280, Sector 15, Sonepat.

                                                                   .….Appellant

Versus

Raj Kumar S/o Late Sh.J.K.Lal, R/o 541, Faiz Bazaar, Sonepat.

                                                          .….Respondent

 

CORAM:   Mr.S.P.Sood, Judicial Member

                   Mr.Suresh Chander Kaushik, Member

 

Present:-    Mr.Aakash Mehta proxy counsel for Mr.Munish Gupta, Advocate for the appellant.

Mr.Nitin Gupta , Advocate for the respondent.

 

O R D E R

S P SOOD, JUDICIAL MEMBER:

 

                    The complainant’s appeal is directed against the order dated August 17^th, 2017 passed by District Consumer Disputes Redressal Forum, Sonepat (for short ‘District Commission’), whereby TDI Infrastructure Limited-opposite parties was directed to refund the entire deposited amount to the complainant alongwith interest at the rate  of 09% per annum from the date of filing of the present complaint till its realization.

2.                The complainant booked a flat with the O.Ps. He paid Rs.5,50,000/- to the O.Ps..  The O.Ps. did not allot any  flat to the complainant-respondent.  He requested the O.Ps. to refund the deposited amount but they did not pay any heed.

3.                The only plea raised by learned counsel for the complainant-respondent is that the amount deposited by the complainant-respondent be refunded from the date of its respective deposits and not from the date of filing of complaint.

4.                Submission being convincing, this Commission feels that the impugned order needs to be modified. Hence, the O.Ps.-appellants are directed to refund the deposited amount alongwith interest at the rate of 9% per annum from the date of its respective deposits till its realization. The impugned order is modified in the manner indicated above and the appeal stands disposed of accordingly.

5.                The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the complainant-respondent against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

May 6th, 2022        Suresh Chander Kaushik,                   S.P.Sood

                             Member                                              Judicial Member                                 

S.K.(Pvt.Secy)