Haryana

StateCommission

A/776/2015

SATYENDER SINGH RAWAT - Complainant(s)

Versus

TDI INFRASTRUCTURE LTD. - Opp.Party(s)

SURENDER SAINI

01 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      776 of 2015

Date of Institution:      14.09.2015

Date of Decision :       01.10.2015

 

Satyender Singh Rawat s/o Sh. Tota Ram Rawat, Resident of House No.K-35, Gandhi Nagar Colony, Gwalior (MP)

                             Appellant-Complainant

Versus

 

1.      TDI Infrastructure Limited, Corporate Office at : UG Floor, Vandana Building, 11, Tolstoy Marg, Cannaught Place, New Delhi-110001, Through its Chief Managing Director.

 

2.      Taneja Developers & Infrastructure Limited, Registered Office at: 9, Kasturba Gandhi Marg, New Delhi-110001, through its Managing Director.

 

3.      TDI City Kundli, Main NH-1, Kundli, District Sonepat, through its Manager.

                                      Respondents-Opposite Parties

 

CORAM:             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                         

Present:               Shri Surender Saini, Advocate for appellant.   

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Satyender Singh-Complainant (appellant herein), booked a residential flat in the project of TDI Infrastructure Limited-respondent-opposite party at TDI Kundli, Sonepat, vide ID No.KFL-11860. He deposited Rs.10,38,306/- with the opposite party from time to time. The opposite party vide letter dated 03.06.2008 allotted flat No.G6-0104 to the complainant. However, due to some unavoidable circumstances, the construction of the flat/project was delayed. The opposite party vide letter dated 06.07.2011 offered alternative flat. Alleging deficiency in service on the part of the opposite party, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986, before District Consumer Disputes Redressal Forum (for short ‘the District Forum’), Sonepat, seeking direction to the opposite party to deliver possession of the flat or to refund Rs.10,38,306/-, that is, the amount deposited by him, alongwith interest @ 10% per annum from the date of deposit till its final payment and to pay compensation of Rs.50,000/- for mental agony, harassment etcetera and Rs.11,000/- as litigation expenses.

2.      The District Forum vide order dated August 10^th, 2015, accepted complaint and issued direction to the opposite party, reads as under:-

“…….we hereby direct the respondents to refund the amount of Rs.10,38,306/- to the complainant alongwith interest at the rate of 09% per annum from the date of filing of the present complaint till its realization and further to compensate the complainant to the tune of Rs.10,000/- (Rs.ten thousands) for deficient services, harassment and under the head of litigation expenses.”

3.      Aggrieved of the impugned order, the complainant has come up in appeal praying that he be awarded interest @ 10% per annum on the refunded amount and compensation of Rs.1.00 lac.

4.      Taking into consideration the facts of the case and the evidence available on the record, this Commission is of the view that the compensation awarded to the complainant is just and reasonable and there is no scope for enhancement.

5.      Hence, the appeal is dismissed.

 

Announced: 01.10.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

CL