State Consumer Disputes Redressal Commission
Sh. Mukesh Kumar Bansal vs M/S Tdi Infrastructure (P) Ltd on 16 December, 2009
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b)of the Consumer Protection Act, 1986 ) Date of Decision: 16-12-2009 Case No. FA-09/807 (Arising from the order dated 29-09-2009 passed in complaint case No. CC 405/08 by the District Consumer Redressal Forum VI, New Delhi). SH. MUKESH KUMAR BANSAL -APPELLANT S/O Late Shri P. L. Bansal, 108, Rishabh Vihar, New Delhi Versus 1. M/S TDI INFRASTRUCTURE (P) LTD (formerly known as Intime Promotors Pvt. Ltd.) 9- Kasturba Gandhi Marg, New Delhi 2. M/S TANEJA DEVELOPERS & INFRASTRUCTURE LIMITED 9- Kasturba Gandhi Marg, New Delhi -Respondents 3. SH. DEEPAK CHAUDHARY -PROFORMA RESPONDENT Of M/s Shree Salasar Associates B-2/113, First Floor, Sector 16, Rohini, Delhi. CORAM : JUSTICE BARKAT ALI ZAIDI - President SHRI M.L. SAHNI - Member 1. Whether reporters of local newspapers be allowed to see the judgment? 2. To be referred to the Reporter or not? JUSTICE BARKAT ALI ZAIDI (ORAL) ORDER
1. The short facts of the case are that the complainant paid an amount of Rs. Three lakhs to the OP respondents NO. 1 & 2 towards advance booking of a flat and a receipt issued by the OPs in lieu of it mentioned Advance against present and future Project. The OPs respondents No. 1 & 2 thereafter by issuing a demand letter asked the complainant to pay a sum of Rs. Two and a Half lakhs towards sale consideration but as no flat was allotted, the complainant vide letter dated 07-05-2007 asked the OPs respondents no. 1 & 2 to return his amount alongwith the interest thereon in turn whereof vide letter 28-11-2007 the OPs respondents informed the complainant that the registration of the flat was cancelled and the complainant appellant was only entitled to the refund of certain portion of the application money.
2. The complainant therefore, filed a complaint before the District Consumer Forum against the OPs respondent no. 1 &2 and respondent no. 3 praying to direct the OPs to refund Rs. Three lakhs alongwith interest and also the compensation.
3. The OP respondent 1 & 2 opposed the claim of the complainant and filed the written statement.
4. The District Consumer Forum passed an award in complainant favour and directed the OP no. 1 & 2 to refund the complainant Rs. 3 lakhs and to pay him Rs. Fifty thousand (keeping interest in the mind) as compensation plus Rs. 10,000/- as cost of litigation.
5. Aggrieved by not awarding him the interest which he claimed at the rate of 24% from 17-02-2006 the appellant has come in appeal before this Commission and his grouse is that even if interest is assessed at a rate of 12% per annum for three years and eight months it comes to Rs. 1,26,000/- and the Trial Forum committed a manifest error in not awarding to the complainant the same.
6. The complainant has been heard in person at the preliminary stage of admission.
7. It is to be noticed that in its order District Consumer Forum has mentioned that amount of Rs. 50,000/-, which is being awarded to the complainant as compensation, has been determined keeping interest in mind. That shows that the District Consumer Forum fixed the amount merging interest and compensation both. The claim of the interest by the appellant should be sustained, because the amount awarded by the District Consumer Forum includes interest also.
8. The arguments of the appellant is that the interest if calculated @ 12% comes to Rs. 1,26,000/- and he is therefore entitled to that amount. The appellant claims interest from 17-02-2006, when he had given the amount of Rs. Three lakhs towards advance booking while he gave the notice for return of money on 07-05-2007. He can therefore be entitled to interest of later date of notice.
9. In any case, award of interest is not unhindered right and it is also to be noticed that there was no agreement for payment of interest.
10. The claim of the appellant is therefore unsustainable and the appeal is dismissed in limine.
11. Bank Guarantee/FDR, if any, be returned to the appellant after completion of due formalities.
12. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and thereafter the file be consigned to Record Room.
13 Announced on 16th December 2009.
(JUSTICE BARKAT ALI ZAIDI) PRESIDENT (M.L. SAHNI) MEMBER AV