NEW DELHI: Real estate firm DLF has been asked to pay Rs 6 lakh to a man, who had booked a flat in its project which failed to take off, by a consumer forum here which held it guilty of deficiency in service and "unfair trade practice".
"...we hold opposite party (OP) guilty of deficiency and unfair trade practice in not refunding the deposit. We direct OP to return Rs 5 lakh...and pay compensation of Rs 1 lakh for harassment, deficiency and litigation expenses," New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, said.
It noted that it was one of the many cases against the construction company with regard to its failed project and directed DLF New Gurgaon Homes Developers Pvt Ltd to pay the money to Gurgaon-based Ashesh Nanda.
The forum's bench, also comprising member S R Chaudhary, held that once the project has failed, there is no question of consumer being forced to continue with booking for such a project as it was "only imaginary castle building".
"This forum has already in number of cases of this project of opposite party has ordered refund of provisional deposit, after holding that once the project has failed, there is no question of consumer being forced to continue with booking for such a project for lay off... The provisional booking without anything moving forward in reality is only imaginary castle building and unfair trade practice," the forum said. Nanda had told the forum that he had made provisional booking in company's New Town Heights project in Gurgaon by depositing Rs five lakh on March 31, 2008.
The company denied the allegations saying that the exit option was not available to Nanda as he had not deposited a part of his payment.