CONSUMER DISPUTES REDRESSAL COMMISSION – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110016

           Case No.187/2022

MS. MONIKA

BRANCH MANAGER, STATE BANK OF INDIA

SIDDHARTH EXTENSION BRANCH, ASHRAM

NEW DELHI 110014                                                   …..COMPLAINANT

Vs.   

1. ANTRIKSH DEVELOPERS & PROMOTERS PRIVATE LIMITED

REGISTERED OFFICE:

34/C-8, SECTOR 8 ROHINI, DELHI 110085

CORPORATE OFFICE:

PLOT NO. 51, POCKET 7, SECTOR- 23, DWARKA,

NEW DELHI 110075.                                            …..OPPOSITE PARTY NO.1

2. EXPERIA BOULEVARD MULTI STATE CGHS LIMITED

OFFICE ADDRESS:

PLOT NO. 70, GROUND FLOOR, SAI ENCLAVE,

SECTOR-23, DWARKA,

DELHI 110075                                                         .…..OPPOSITE PARTY NO.2

                        Date of Institution-14.07.2022

 Date of Order- 18.10.2024

  O R D E R

DR. RAJENDER DHAR-MEMBER

1. The complainant has filed consumer complaint under Section 35 of Consumer Protection Act, 2019 against OPs for carrying out unfair trade practice and providing deficient services. The complainant is a Branch Manager, State Bank of India. Copy of identity card issued by SBI is annexed as Annexure A-1.

2. OP1 is a private limited company registered under the companies Act, 1956, engaged in real estate and other construction activities to provide housing facilities at affordable costs. The OP2 is a society registered under Multi State Cooperative Societies Act, 2002 by the name of Experia Boulevard Multistate Co-operative Group Housing Society Limited. Details of OPs are annexed as Annexure A-2 and Annexure A-3.

3. Complainant booked a plot no. 452, 2^nd floor, pocket-1, sector-19, Dwarka, Delhi 110075 in January 2019 in project launched by OP1 in the name of “Experia Boulevard” i.e. OP2.

4. Complainant has further stated that OPs promised and assured her that the said project would be completed on or before December 2020 and complainant would get physical possession of the flat in the same month.

5. Complainant has further stated that after receiving confirmation from the complainant, the officials of the OP1 sent an intimation letter of allotment of membership number to the complainant in the name of OP2. Copy of the said intimation letter membership is annexed as Annexure-4.

6. After the same allotment, the complainant made a payment of Rs.4,79,100/- to the OP2 on 07.02.2019 vide NEFT. Thereafter, complainant received payment schedule on 27.02.2019 from the OPs demanding payment of remaining amount within 45 days. Complainant made the second payment of Rs.4,95,000/- on 27.03.2019 from her mother’s account. The total payment made by the complainant to OP2 is Rs. 9,74,100/-. The receipts and proof of payments are annexed as Annexure A-5 (Colly).

7. Complainant has further stated that after receiving complete payment OPs stopped answering to phone calls of the complainant and made her wait whenever she approached their office enquiring about progress of the flat. It is also pertinent to mention that on the website of OP2 it is clearly portrayed that the same project is associated and linked to OP1.  A copy of the data available on the website of the OP2 indicating its association with OP1 is annexed as Annexure A-6.

8. Complainant has further stated that Delhi Development Authority has issued public notices on its website issuing caution about the fraud committed by societies/ developers /promoters like the present OPs floating misleading advertisements about attractive housing schemes using the name of DDA’s land pooling policy and charging registration money for booking of the flats. Copies of the DDA’s notices have been annexed as Annexure A-7 (Colly).

9. On 27.01.2021, complainant wrote an email to OPs seeking withdrawal of her membership and refund of her hard-earned money. OPs responded that the refund would not be made before March 2021. Complainant waited until end of March 2021 but to no avail.

10. On 02.04.2021, complainant again sent an email to OP demanding refund of her money but did not get any response.

11. Complainant sent a legal demand notice dated 16.11.2021 to OP2 to repay the money paid by her. A copy of the legal demand notice is annexed as Annexure A-8.

12. On 16.12.2021, complainant visited the office of OP for seeking refund of her money. The same day complainant received an email from OP assuring to get response within a week after approval from senior management of the company. Copy of the email is annexed as Annexure A-9 (Colly).

13. On 27.12.2021 complainant again sent an email for seeking refund of her money paid for purchasing of the flat to which complainant received no positive response except false assurance in form of an email dated 28.12.2021.

14. Complainant has prayed for refund of her amount i.e. Rs. 9,74,100/- along with an interest @18% per annum till date of actual refund of amount, Rs.25,000/- per month paid by the complainant as rent till date of refund and Rs.10,00,000/- towards damages/ compensation/ cost of legal proceeding as described above towards anticipatory loss, cost of suit/ legal expenses, towards serious mental harassment, professional loss and distress along with other punitive/exemplary and special damages.

15. Notice was issued to OP which was duly served as per the track report available on record but none appeared. Thereafter, OP was proceeded Ex-parte vide order dated 22.12.2023.
16. Complainant has filed ex-parte evidence by way of an affidavit and has exhibited the following documents:

1. Copy of MCA portal of OP1 is annexed as Ex CW-1/1.
2. Registration certificate of OP2 issued by the central registrar is annexed as Ex CW-1/2.
3. Copy of intimation letter of membership along with share certificate is annexed as Ex CW-1/3.
4. Copy of proof of payments to OP2 has been annexed as Ex CW-1/4 (Colly).
5. Copy of data available on the website of OP2 indicating its association is annexed as Annexure CW-1/5.
6. Copy of application form along with brochure by OPs is annexed as Annexure CW-1/6.
7. Copies of the notices issued by DDA have been annexed as Annexure CW-1/7.
8. Copy of the legal demand notice is annexed as Annexure CW-1/8.
9. Copy of the email communications between complainant and OPs is annexed as Annexure CW-1/9 (Colly).

17. The Commission has considered the material on record including the evidence supported by an affidavit and emails exchanged between the complainant and the OPs. It is established that the complainant booked a flat in project “Experia Boulevard” being a member of Multistate Co-operative Group Housing Society Limited. It is a fact that complainant made a payment of Rs. 4,79,100/- and Rs.4,95,000/- vide cheque nos. NEFT91851 and NEFT99750 respectively. It is further seen that Delhi Development Authority has issued public notices on its website issuing caution about the fraud committed by societies/ developers/ promoters like the present OPs. Floating misleading advertisements about attractive housing schemes using the name of DDA’s land pooling policy and charging registration money for booking of the flats. This practice is purely to deceive and elude the customers and extract money from them by way of booking flats and taking registration money.

18. This act on the part of OPs clearly amounts to unfair trade practice and fraud to the complainant by mis-selling. Therefore, in the above mentioned circumstances the Commission directs the following:

1. Refund of Rs.4,74,100/- paid by the complainant along with interest @9% per annum till the date of payment.
2. Rs.25,000/- as compensation towards unfair trade practices and deceivement.
3. Rs.10,000/- towards litigation expenses.

19. Order to be uploaded on website. File consigned to record room.