A real estate firm has been asked by a consumer forum here to refund Rs 10.31 lakh to a customer for its failure to give him the possession of a shop,”reasonable time”,besides paying him a compensation of Rs one lakh.
Observing that firm TDI Infrastructure Pvt Ltd collected booking amounts without having an agreement,the New Delhi District Consumer Disputes Redressal Forum said it amounted to unfair trade practice.
The bench presided by C K Chaturvedi also pointed out that the complainant,Rakesh Shangari,cannot be expected to wait indefinitely after paying the booking amount.
“The terms of delay,penalty for delay on either side and conditions of exit or cancellation are not agreed so far. The collection of booking amounts,without such agreements is unfair trade practice. The complainant,cannot be expected to wait indefinitely.
“We hold opposite party (TDI Infrastructure Pvt Ltd) guilty of deficiency in service in not getting the possession of shop delivered after construction in reasonable time,” the forum said.
The forum’s order came on a plea by Pitampura resident Rakesh,who said he had paid Rs 10.31 lakh in three installments to the firm in 2007 for buying a shop in a commercial shopping mall,being built by TDI on main G T Road,Sonepat.
When after two years of paying the amount,he received no response from TDI about completion of the project or delivery of the shop property,he sought refund from the firm,he said.
TDI Infrastructure in its defence said the project got delayed as Rakesh had failed to pay the amount as scheduled.
The forum rejected the contention saying “project of OP,obviously,cannot come to stand still only because of balance outstanding amount of the complainant.”
“In these circumstances,we direct OP to return Rs 10.31 lakh deposited by complainant. We also award compensation of Rs one lakh for his harassment and loss of missing opportunity elsewhere by blocking of his money with OP,” the forum said.