Case No.CC/279/2021

Date of Institution:-06.09.2021

Order Reserved on :-25.07.2024

           Date of Order :-09.08.2024

IN THE MATTER OF:

1. Sh. GauravSaini

S/o Late Sh. T. R. Saini,

R/o H. No. WZ-219, Gali No. 5,

Ram Chowk, Sadh Nagar,

Palam Colony, New Delhi – 110045.

2. Mrs. DeepaSaini

W/o Mr. GauravSaini

R/o H. No. WZ-219, Gali No. 5,

Ram Chowk, Sadh Nagar,

Palam Colony, New Delhi – 110045.

          …..Complainants

VERSUS

1. Apex Heights Pvt. Ltd.

Through its Director/Principal Officer/

Authorized signatory

2. Mr. Satnam Singh Sachdeva,

Director Apex Heights Pvt. Ltd.

3. Mr. Swarn Deep Singh

Director Apex Heights Pvt. Ltd.

Having registered office  at:

S-672, School Block, Shakarpur,

Delhi – 110092.

Also at :

526/1, Village Kanawani,

AhinsaKhand-II, Indrapuram,

Ghaziabad, U.P. – 201014.

… Opposite Parties

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are that complainants were lured by the glamorous and tempting advertisements and promises by the representatives/agents/officials of the OP.  The complainants have booked a flat/unit no. D-2703, 27^th floor, Tower D having area of about 998 sq. ft. jointly in their name with the OP with basic sale price of Rs.4,246.49 per sq. ft. with other charges for a total cost of Rs.42,57,960/- (Rupees Forty Two Lakh Fifty Seven Thousand Nine Hundred Sixty).  The complainant no. 1 has paid Rs.51,000/- as booking amount from his credit card bearing no. 4147524016074002 pertaining to IndusInd bank. Copy of credit card statement of the bank alongwith receipts are annexed as Annexure C-1 and Annexure C-2.  At the time of booking of the said flat,  it was clearly agreed by the OPs that in case if they failed in facilitating the obtaining/approving of the loan from the bank in favour of the complainants, then the OPs shall refund 100% of booking amount  i.e.  Rs.51,000/-.  The OPs did not honour their commitment and were failed in facilitating the obtaining/approving of the loan from the bank in favour the complainants. In September, 2019 OP had cancelled the booking of flat. When the complainant requested OPs to refund of booking amount of Rs.51,000/- then OP agreed/undertaken to refund the entire amount by way of post dated cheque for  Rs.30,000/- and Rs.21,000/- by cash.   The OP has refunded Rs.30,000/-vide cheque bearing no. 597542 dated 08.11.2019 drawn on Yes Bank, Noida which was honoured and the amount of Rs.21,000/- was remained due upon OPs.  When the complainants demanded the remaining amount of Rs.21,000/- then the OPs had made the false assurance on one pretext or the other.   The complainant sent a legal notice dated 15.07.2021 to the OP for refund of Rs.21,000/-.  The complainant has prayed for Rs.28,245/- towards principal amount as well as interest alongwith Rs.3 Lakh for mental harassment and Rs.5000/- for traveling/lodging expenses with Rs.25000/- for litigation charges.
2. Notice was served to OPs. But OPs did not attend the proceedings before this Commission and OPs were proceeded Ex-Parte vide order dated 21.09.2023.  
3. The complainant has filed Ex-parte evidence and written arguments in support of his case.
4. On 25.07.2024, the case was listed for argumentsand none were appeared. Since the case was 2021, we felt it prudent that the case should be decided due to the long pendency of the present complaint. The parties were directed that they can address the arguments within 07 working days. Hence, the case was reserved for orders.
5. We have carefully considered the material on record and thoroughly.
6. It is the case of the complainant that they had booked a flat/unit no. D-2703, 27^th floor, Tower D having area of about 998 sq. ft. jointly in their name with the OP with basic sale price of Rs.4,246.49 per sq. ft. with other charges for a total cost of Rs.42,57,960/- (Rupees Forty Two Lakh Fifty Seven Thousand Nine Hundred Sixty).  The complainant no. 1 has paid Rs.51,000/- as booking amount from his credit card bearing no. 4147524016074002 pertaining to IndusInd bank. Copy of credit card statement of the bank alongwith receipts are annexed as Annexure C-1 and Annexure C-2.  At the time of booking of the said flat,  it was clearly agreed by the OPs that in case if they failed in facilitating the obtaining/approving of the loan from the bank in favour of the complainants, then the OPs shall refund 100% of booking amount  i.e.  Rs.51,000/-.  The OPs did not honour their commitment and were failed in facilitating the obtaining/approving of the loan from the bank in favour the complainants. In September, 2019 OP had cancelled the booking of flat. When the complainant requested OPs to refund of booking amount of Rs.51,000/- then OP agreed/undertaken to refund the entire amount by way of post dated cheque for  Rs.30,000/- and Rs.21,000/- by cash.   The OP has refunded Rs.30,000/- vide cheque bearing no. 597542 dated 08.11.2019 drawn on Yes Bank, Noida which was honoured and the amount of Rs.21,000/- was remained due upon OPs.  When the complainants demanded the remaining amount of Rs.21,000/- then the OPs had made the false assurance on one pretext or the other.
7. It is the case of the complainant that OP has assured the complainant at the time of booking in facilitating the obtaining/approving of the loan from the bank in favour of the complainants but OP has not facilitated/obtaining the loan.  The OP has cancelled the booking but has not refunded the entire deposited amount to the complainants. This act apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
8. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.21,000/-alonwtihRs.20,000/-as lumpsumfor mental harassment and litigation charges  to the complainant within 45 days from date of receipt of order failing which the OP shall be liable to pay the entire amount with interest @ 9% p.a.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 09.08.2024.