Delhi

North East

CC/338/2022

Ashok Kumar - Complainant(s)

Versus

Aadhar Infra Holiding Ltd. - Opp.Party(s)

27 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 338/22

 

 

 

In the matter of:

 

	1.     2.	Sh. Ashok Kumar S/o Sh. Hansram Singh   Smt. Geeta W/o Sh. Ashok Kumar   Both at:- H.No. 512, 13B, Near Delhi Jal Board Water Tank, Village Mandoli,  Delhi-110093		Complainants
		Versus
	1.     2.     3.       4.	Branch Manager Aadhar Infra Holding Ltd. B 63, Sector 57, Noida UP-201301   Main Registered Office PramukhAadhar Infra Holding Ltd 133, Vishal Tower, District Center, Janakpuri, New Delhi 110058   Harish Sharma S/o Nameless Director Aadhar Infra Holding Ltd. House/Plot No. 44, Block C, Sector 20, Noida, GautamBudh Nagar, 201313   Dinesh Sharma S/o Mr. Gajraj Sharma, Sales Manager Aadhar Infra holding Ltd. Rama Garden, Maha Shiv Shakti Gali, Gall. NO. 3/4 (Mukhiya Market) Opp. Chest Hospital, Karawal Nagar, Delhi-110094		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		16.08.22 06.06.24 27.06.24

 

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against Opposite Party.

Case of the Complainant                                                                 

1. The case of the Complainants as revealed from the record is that Complainant  No.1 and 2 booked space in the project namely The Business Capital, Knowledge Park, V. Greater Noida, UP of Opposite Parties and paid 50:50 % amount to the Opposite Parties on 19.03.15 under the scheme of payment plan of 400-400 square feet from the opposition, project plot no. 3, knowledge Park 5 Greater Noida West Gautam Budh Nagar UP on the assurance of giving possession within 3 years and the Opposite Party promised to pay 18 % compound interest and penalty on the entire deposit if the possession is not received on time.  On 18.03.15 Rs. 1,50,000/-cash and by Complainant PNB account no. 9840000100000312 by cheque no. 893141, Rs. 2,00,000/- dated 18.03.15 and cheque no. 893143/45 Rs. 2,72,248/- total amounting to Rs. 6,22,248 paid by Complainant No.1 and Rs. 1,50,000/- cash and the total amount including Rs. 2,00,000/- from Cheque no. 807141 of the Complainant’s syndicate bank and Rs. 2,72,248/- by Cheque no. 807142  total amounting including Rs. 6,22,248/- was deposited by Complainant No.2 and Opposite Party received total Rs. 12,44,496/- and gave receipt of full amount to Complainant No.1 and 2 and signed MOU stamp no. INDL91108753181132N and INjDL91107993274084N dated 10.04.15 to both Complainants and consumer no. AIHL/TBC/1545 and AIHL/TBC/1546 by the Opposite Party. The Opposite Party did not gave possession of units to both Complainants even after 3 years because no unit has been built anywhere at said place. The Opposite Party has committed deficiency as Opposite Party at time of booking had asked the Complainant to give possession within 3 years and if the possession is not given on time, 18 % compound interest and Rs. 2,50,000/- per year penalty was assured. The Complainant sought possession of his units but Opposite Party keep avoiding the matter. The Opposite Party gave payment refund letter on 22.03.18 after completion of three years. Thereafter, Complainant took legal action then Opposite Party gave written time of 90 to 120 days in date 29.03.18 to pay 18 % annual interest and Rs. 1,50,000/- p.a. penalty to the Complainants on the total deposit. While submitting all the documents, gave a receipt copy to Complainant. The Opposite Party had neither given possession nor his deposited money and has given only Rs.  1,50,000/- to Complainant in the date 02.01.19 saying 1 year penalty. The Complainant had given letter to Opposite Party on 12.01.19 for refund of their money but Opposite Party gave false assurance and threatened the Complainant. The Complainant had also lodged complaint about Opposite Party behavior to District Magistrate, Noida, SDM Noida, SSP Noida, Chairperson Women’s Commission Delhi on 26.02.19.  Thereafter Complainant took information about the resolution of his complaint through RTI. The reply to the information sought was given by the officer in charge II, Noida Gautam Budh Nagar on the basis of the report given by the in-Charge of the Noida police station to Sector 58, In which the Opposite Party was told to give back the money in the next 4-5 months.  The Complainant wrote letter dated 29.07.19 reminding Opposite Party to withdraw his money but of no use. On 19.08.19 Complainant made his complaint as if the Prime Minister, Chief Minister UP. Chairman National Human Rights Commission, District Magistrate Noida, S.P Noida Police Station in-charge to sector 58, Noida etc. but his problem was not resolved. The  Complainant stated that his problem was not resolved even after the orders of National Human Rights Commission dated 08.01.20 as if the Chief Minister, Delhi and on the date 11.06.20 to take strict action. The Complainant sought information through RTI from Chief Minster office Delhi for action of his complaint then on 08.07.20, DCP Seelampur Delhi’s report was given by the police station Dayalpur Delhi to the Complainant in which related documents were demanded. The Complainant had submitted copy of all documents demanded by Police Station Dayalpur dated 19.10.20. On 10.01.21 Complainant has written letter to Police Station Dayalpur seeking information about action taken so for in his complaint. The Complainant has also written letter to Chief Minister, Delhi and DCP Seelampur Delhi for strict action. The Complainant gave documents related to case at Police Station Dayalpur on 08.03.21 on demand again. In spite of taking up the matter with Opposite Party through various agencies Opposite Parties failed to refund deposited amount along with interest and penalty till date. Hence, this shows deficiency in service on behalf of Opposite Parties.
2. None has appeared on behalf of Opposite Parties to contest the case despite service of notice. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 10.01.23.

Ex-Parte Evidence of the Complainants

3. The Complainants in support of their complaint filed their affidavit wherein they have supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant. We have also perused the file and the written arguments filed by the Complainant.The averments made by the Complainants in the complaint are supported by their affidavit and documents filed by them. The Opposite Parties did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5.  As per the Opposite Party No.1 letter dated 22.03.18 filed along with complaint, Complainant is entitled to get all his deposited money with 18 % interest and penalty from March 2015, Since he had submitted all required documents as demanded by the Opposite Party No.1 in the said letter dated 23.03.18 on 29.03.18. In view of the above, the complaint is allowed.  The Opposite Parties are directed to pay jointly and severally Rs. 6,22,248/- to the Complainant No.1 and Rs. 6,22,248/- to the Complainant No.2 with interest @ 18 % p.a. from March 2015 till recovery and Opposite Parties are also directed to pay jointly and severally penalty of Rs. 75,000/- per year to the Complainant No.1 and 2 respectively from March 2015 till the payment of the all deposited amount of the Complainants after deducting one payment of Rs. 75,000/- paid by the Opposite Party No.1 to the Complainant No.1 and 2 respectively on 02.01.19. The Opposite Parties are further directed to pay jointly and severally Rs. 2,00,000/- to the Complainants  on account of mental harassment and Rs. 10,000/- as litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 27.06.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)          Member

(Surinder Kumar Sharma) President