TDI INFRASTRUCTURE LTD AND ORS Vs. GAUTAM BAHRI

JUDGEMENT

(1.) THE respondent Sh. Gautam Bahri booked a residential flat no. G -9 -0604, with the petitioner in the township it is developing in Kundli, Sonepat, Haryana, known as TDI City. The respondent paid a sum of Rs. 3 lakhs to the petitioner, followed by a payment of Rs. 2 lakhs on 04.08.2006, which led to the parties entering into a buyer agreement dated 26.02.2007.

(2.) VIDE notice dated 17.02.2011, the complainant/respondent required the petitioner to deliver the possession of the flat which he had booked with the petitioner within 15 days of the receipt of the notice or in the alternative to refund double the amount, he had paid to them, alongwith interest. Having failed in his efforts, the complainant/respondent filed a complaint before the District Consumer Disputes Redressal Forum, Delhi, seeking the following relief: -

(3.) THE complaint was resisted by the petitioner. However, the booking of flat, payment of Rs. 5 lakhs, execution of the Buyer Agreement dated 26.02.2007, stipulating the delivery of the possession of the flat within 3 years from the date of the agreement was admitted. It was pointed out in the written statement /reply that vide letter dated 06.07.2011, the petitioner/opposite party had offered an alternative flat to the complainant in the existing tower S/W in lieu of Flat No. G9 -0604, which the complainant had booked in Tower No. G9. It was also stated in the said letter that the construction of Tower of G9 had been delayed due to unavoidable circumstances, whereas the construction of Tower S/W was already on advance stage.