The New Delhi Consumer Disputes Redressal Forum directed Intime Promoters Ltd to refund the booking deposit of Rs 4 lakh with 12 per cent interest, and awarded South Delhi resident Raj Kumar Baid Rs 35,000 as compensation and Rs 21,000 as litigation charges.
The forum said it appears that the promoter "collected money from various consumers whereas the project in question was neither sanctioned by competent authority nor any construction activities had started at the site till filing of the complaint..."
The forum said the "written statement or evidence does not explain avoiding the correspondence of complainant", and neither it explains the failure to allot a final flat at the site or present status of flat.
"It clearly goes to show the malafide intention" of the developer "to grab the money which is clear case of unfair trade practice", it observed.
"Thus, opposite party (promoter) is held guilty for deficiency and unfair trade practice to grab complainant's money without any construction activities at site," a bench presided by C K Chaturvedi said.
Baid had approached the forum, claiming the he had booked a flat on February 25, 2006 by paying a sum of Rs 4 lakh to Intime Promoters Ltd.
He had alleged, in his complaint, that the construction firm neither allotted the flat nor executed a buyer agreement even after he pursued the matter. They also did not respond to his demand letters, he claimed.
The firm, in a written statement, denied any deficiency on its part.