C.No. 1532/2016 D.O.D.: 19.12.2022

MR. AMIT GARG Vs. M/S TDI INFRASTRUCTURE PVT. LTD. & ANR.

ALLOWED

PAGE 1 OF 10

IN THE DELHI STATE CONSUMER DISPUTES

REDRESSAL COMMISSION

Date of Institution: 19.12.2016

Date of hearing: 14.09.2022

Date of Decision: 19.12.2022

COMPLAINT CASE NO.- 1532/2016

IN THE MATTER OF

MR. AMIT GARG,

S/O MR. RAMESH CHAND GARG,

58, CLEVELAND ROAD,

EALING LONDON,

POST CODE W13 8AJ U.K.

THROUGH HIS ATTORNEY,

MR. ANIL GARG,

S/O MR. RADHEY SHYAM GARG,

R/O H.NO.2148, MANDI EXTENSION,

NARELA, DELHI-110040

(Through: Mr. P.S. Rana, Advocate)

…Complainant

VERSUS

1.TDI INFRASTRUCTURES PVT. LTD.,

2.M/S INTIME PROMOTERS (P) LTD.,

BOTH REGISTERED OFFICE AT:

9, KASTURBA GANDHI MARG,

NEW DELHI-110001

(Through: Ms. Yashodhara Gupta, Advocate)

…Opposite Parties

C.No. 1532/2016 D.O.D.: 19.12.2022

MR. AMIT GARG Vs. M/S TDI INFRASTRUCTURE PVT. LTD. & ANR.

ALLOWED

PAGE 2 OF 10

CORAM:

HON’BLE

JUSTICE

SANGITA

DHINGRA

SEHGAL

(PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present:

Mr. Harshit Aggarwal, Proxy Council for Mr. P.S.

Rana, Counsel for Complainant.

Ms. Sneha Kaila, Counsel for Opposite Parties.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL

(PRESIDENT)

JUDGMENT

1.

The present complaint has been filed by the Complainant before this

Commission alleging deficiency of service on the part of Opposite

Party and has prayed the following reliefs:

a) to pass an order against the respondents, thereby directing

them to pay a sum of Rs.17,52,500/- (Rupees Seventeen Lacs

Fifty Two Thousand Five Hundred only) plus Rs 32,61,120/-

as interest totalling to sum of Rs 50,13,620/- to the

complainant together with pendent-lite and future interest @

24%

per

annum

till

the

date

of

its

actual

realization/payment;

b) award Rs.20,00,000/- to the complainant as compensation

towards mental agony, torture, harassment, financial loss,

as the respondents have unlawfully retained the said amount

of the complainant which amounts to deficiency in services;

c) To direct the opposite party to pay the actual cost of the

litigation to the complainant;

d) To pass any other order or relief , which this Hon’ble

Commission deem fit and proper in favour of the

C.No. 1532/2016 D.O.D.: 19.12.2022

MR. AMIT GARG Vs. M/S TDI INFRASTRUCTURE PVT. LTD. & ANR.

ALLOWED

PAGE 3 OF 10

complainant against the opposite parties in the interest of

justice.

2.

Brief facts for the adjudication of the present complaint are that the

Mr. Satbir Singh booked a plot, in Project of Opposite Party namely

“TDI City” situated at Kundli, Sonepat for a total price of

Rs.27,50,000/-. Primarily, the allotment was made in the favor of Mr.

Satbir Singh and thereafter it got transferred in the name of the

Complainant. Accordingly, the Complainant was allotted a plot no.

“L-731” of 250 Sq. yards vide allotment letter dated 21.05.2008.

3.

The Complainant further requested the Opposite Parties to provide

the expected date of delivery of the said plot but was of no avail. On

visiting the project site, the Complainant found that Opposite Party

even failed to start the construction work in the said project till 2016.

The Complainant had paid a total sum of Rs.17,52,500/- as and when

demanded by the Opposite Parties till date but they failed to

handover t

Click Here to Read the rest of this document