Haryana

Sonipat

CC/17/2015

SARITA JAIN W/O SUNIL JAIN - Complainant(s)

Versus

THE MANAGER TDI INFRASTRUCTURE LTD. - Opp.Party(s)

MANOJ KUMAR

20 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

                                Complaint No.17 of 2015

                                Instituted on:20.01.2015

                                Date of order:07.05.2015

 

Sarita Jain wife of Sunil Jain, r/o Door No.61, 5^th Floor, Mahavir Niketan, Krishantpa Agraharam Street, Kundipope, Chennai-79.

 

                                                ...Complainant.

 

                        Versus

 

 

The Manager, TDI Infrastructure Ltd., Vandana Building, Upper Ground Floor II, Tolstory Marg, Cannaught Place, New Delhi-110001.

                                                ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Shri Manoj Kumar, Adv. for complainant.

           Sh. Virender Tyagi Adv. for respondent.

          

 

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

        D.V.RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that she booked a flat of 1224 sq. feet in Project Espania Royale Height, NH-1, Sonepat vide customer ID no.KRH-00019 and deposited Rs.6,63,000/- from time to time with the respondents.   The respondent has prepared Annexure A with the motive to cheat the people and the respondent is pressurizing the complainant to deposit remaining amount in respect of the flat in question, but till today, the respondent did not hand over the vacant physical possession of the flat to the complainant.  Many times the complainant has visited the office of the respondent and requested to refund the amount alongwith interest at the rate of 10% per annum, but of no use and that amounts to a grave deficiency in service on the part of the respondent. So, she has come to this Forum and has filed the present complaint.

2.        The respondent appeared and has filed the written statement controverting the pleadings of the complainant’s complaint.   There is no condition in the Annexure-A and no time limit as mentioned therein for delivery of possession of the flat.  Rather it is a construction linked plan and the company has to raise demand of installments as per status of construction. The respondent has allotted the flat no.A-1/504 to the complainant within the stipulated time limit.  But the complainant has failed to make the payment of installments as per payment plan despite repeated demand letters.  The booking of the flat in favour of the complainant has been cancelled vide letter dated 8.3.2013.  It is further submitted that on cancellation, the applicant shall be entitled to the refund of all such amount paid till then as part sale amount though subject to 15% of the sale consideration and the interest payable as aforesaid as defined in buyer agreement.  There is no deficiency in service on the part of the respondent and thus, prayed for the dismissal of the present complaint since the complainant is not entitled for any relief and compensation.

 3.       We have heard the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        In the present case, the complainant has sought the relief to direct the respondent to refund the amount of Rs.6,63,000/- alongwith interest from the date of its deposit alongwith interest and compensation since the respondent after receiving the amount of Rs.6,63,000/- has failed to deliver the vacant physical possession of the flat to the complainant.

          Ld. Counsel for the respondent has also argued his case vehemently.

          We have perused the document R9 placed on record by the respondent and as per this document, as many as five cheques bearing no.124407 dated 12.9.2012 worth Rs.58,000/-, cheques bearing no.544349 dated 18.2.2013 worth Rs.1,75,000/-, cheques bearing no.000004 dated 17.4.2013 worth Rs.1,00,000/-, cheques bearing no.000003 dated 3.4.2013 worth Rs.1,00,000/- and cheque no.000010 dated 20.3.2013 worth Rs.5000/-, total to the tune of Rs.4,38,000/- were dishonoured due to insufficient funds.  However, as per document Ex.C5 placed on record by the complainant, it is established that the complainant has deposited Rs.6,63,000/- with the respondent and except the above said amount, the complainant has not deposited any other amount with the respondent.  In our view, the complainant herself is liable for her own act and deeds.  But the ends of justice would be fully met if directions to refund the amount is given to the respondent.  Accordingly, we hereby direct the respondent to refund the 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. 

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

(Prabha Wati Member) (DV Rathi Member)     (Nagender Singh-President)

DCDRF, Sonepat.     DCDRF Sonepat         DCDRF, Sonepat.

 

Announced:07.05.2015.