A consumer forum here has asked real estate firm Emmar MGF Land Pvt Ltd to pay over Rs 12 lakh to two persons for not refunding them the booking amount of their plot in its upcoming project.
The New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, asked the firm to pay Rs 12,20,000 to Sushil Kumar Mittal and Gulshan Gaba and said that it was a clear case of deficiency and unfair trade practice.
“Complainant (Mittal and Gaba) has brought on record the advance registration form…which shows that complainants did booking for plot in sector 105 of the Mohali project, but they were allotted plot in sector 108, which was not acceptable to them.
“Thus there is no consensus ad idem for the plot booked and plot offered in Sector 108. The contract is thus void, and OP should have returned the booking amount,” the forum noted.
It added that the firm mentioned before it about demanding money from Mittal time to time but it did not refer any statement regarding refund of principal amount asked by him, for provisional allotment which is a “clear case of deficiency and unfair trade practice” on its part.
“OP (firm) is directed to refund Rs 10,35,000… We also award Rs 1.5 lakh as compensation for harassment and Rs 35,000 as litigation charges to the complainant,” it said.
The complainants had told the forum that he had booked a plot with firm with an advance registration money of Rs 10.35 lakh on “first come first served” basis in September 2006.
Instead of allotting the plot according to terms of the firm, it alloted them another one.
Later on, the firm sent them a legal notice seeking Rs 1,72,500 and said that otherwise it would cancel the plot.
However, the complainants sent a legal notice to the firm and asked for the refund of the money they had paid but the firm refused to pay back, thereafter, they approached forum.