Case No.CC/511/2017

Date of Institution:-09.10.2017

Order Reserved on :-22.07.2024

           Date of Order :-20.08.2024

IN THE MATTER OF:

Smt. Sarla Sharma

W/o Sh. Ramesh Kumar Sharma,

R/o 5778, Modern Housing Complex,

Manimajra, Chandigarh – 160101.

          …..Complainant

VERSUS

1. Decent Colonizers Pvt. Ltd.

101-112, Shokeen Plaza,

Plot No.3, Poket-7, Sector-12,

Dwarka, New Delhi – 110075.

2. Sh. Avinash Singh Java

Director, Decent Colonizers Pvt. Ltd.

R/o 60, Jawa Mention,

ChanderVihar, Nilothi Extension,

New Delhi – 110041.

..…Opposite Parties

O R D E R

Per R. C. YADAV , MEMBER

1. The present complaint has been filed under section 12 of Consumer Protection Act, 1986 against Opposite Parties(in short OP) alleging deficiency of service.
2. The Complainant sought to purchase a plot in residential colony being developed by OP in the name and style of ‘Omega City’ at Kotputli, Behror(Rajasthan) on Delhi-Jaipur Highway (NH-8) for her personal use. Based on the assurances and representations of the OP, the Complainant had booked a residential plot measuring200 sq. yds.  @ Rs.2750/- per sq. yd. in the project of “Omega City” vide application dated 28.02.2013 to OP-1 which was acknowledged by them vide letter dated 04.03.2013. The complainant was allotted registration no. 930 B vide letter dated 04.03.2013 by OP-1. The complainant agreed to take an installment plan for the payment after assurance by the OP that they would soon be called for the execution of the Buyers Agreement. The complainant has paid Rs.80,010/- vide cheque bearing no. 009296 dated 25.02.2013, Rs.5,490/- vide cheque bearing no. 001626 dated 25.02.2013 and Rs.2,28,000/- vide cheque bearing no. 009298 dated 10.04.2013 drawn on Bank of Baroda respectively at the time of signing of the application form.  The complainant has paid total consideration of Rs.3,15,500/- (Rupees Three Lakh Fifteen Thousand Five Hundred) to the OP-1. The OP has issued receipts to the complainant. The OP has sent a letter dated 04.03.2013 with respect to the plot acknowledging the amount alongwith the other details in the welcome letter which is also annexed.  After that no demand was ever made by the OP from the complainant. Despite various visits, e-mails, request and telephonic conversations, OP-1 has failed to fulfill any of the promises made by them to the complainant and OP-1 did not hand over the possession of plot  within prescribed time of two years.  It is alleged that there was a deficiency in service on the part of OP as they have failed to disclose the particulars of the site of the plot. The complainant has stated that she visited the office of the OP-1 to inquire about the status of plot but no office of OP-1 was in existence at 101-112, Shokeen Plaza, Plot No.3, Pocket-7, Sector-12, Dwarka, New Delhi – 110075. The complainant sent a legal notice dated 24.03.2017 to the OP-1 at their office as mentioned on the application form but the said notice was returned back with remarks “no such company situated at that address.”The complainant has prayed for a refund of Rs.3,13,500/-alongwithinterest @ 12% p.a., Rs.5,500/- for charges towards notice proceedings, Rs.1,00,000/- for mental agony and Rs.25,000/-for litigation charges.
3. Notice was issued to OP. The OPdid not appear before this Commission despite adequate service through publication towards which the complainant has filed an affidavit and the newspapers in which the notice was reflected dated 05.01.2018. The OP was proceeded Ex-parte vide order dated 19.01.2018.  The complainant has filed her Ex-Parte affidavit of evidence and written arguments and the case was fixed for final arguments.
4. On 22.07.2024, case was fixed for final arguments and none were present. Since the case is of 2017, we felt it prudent that the case should be decided due to long pendency of the present complaint. Parties can address the argumenta within 07 working days. Hence, the order was reserved.
5. We have carefully considered the material on record and thoroughly perused the documents placed on record by the complainant.
6. Briefly stated the facts of the case are that she had booked a residential plot measuring 200 sq. yds.  @ Rs.2750/- per sq. yd. in the project of “Omega City” vide application dated 28.02.2013 to OP-1 which was acknowledged by them vide letter dated 04.03.2013. The complainant was allotted registration no. 930 B vide letter dated 04.03.2013 by OP-1. The complainant agreed to take an installment plan for the payment after assurance by the OP that they would soon be called for the execution of the Buyers Agreement.  The complainant has paid total consideration of Rs.3,15,500/- (Rupees Three Lakh Fifteen Thousand Five Hundred) to the OP-1. The OP has issued receipts to the complainant. The OP has sent a letter dated 04.03.2013 with respect to the plot acknowledging the amount alongwith the other details in the welcome letter which is also annexed.  After that no demand was ever made by the OP from the complainant. Despite various visits, e-mails, request and telephonic conversations, OP-1 has failed to fulfill any of the promises made by them to the complainant and OP-1 did not hand over the possession of plot within prescribed time of two years.  It is alleged that there was a deficiency in service and on the part of OP as they have failed to disclose the particulars of the site of the plot. The complainant has stated that she visited the office of the OP-1 to inquire about the status of plot but no office of OP-1 was in existence at 101-112, Shokeen Plaza, Plot No.3, Pocket-7, Sector-12, Dwarka, New Delhi – 110075. The complainant sent a legal notice dated 24.03.2017 to the OP-1 at their office as mentioned on the application form but the said notice was returned back with remarks “no such company situated at that address.”
7. It is the case of the complainant that OP did not handover the possession of plot to her despite payment of the amount. The complainant has stated that when she did not get possession of the plot, she asked for a refund of the deposited amount with interest. The OP did not address his grievance despite repeated requests and correspondence. She, therefore, filed the present complaint for non-delivery of possession of the booked plot on receipt of consideration/booked amount within reasonable time.

“ArifurRehman Khan Vs. DLF Southern Home Pvt. Ltd. (2020) 16 SCC 512” is the authority on this point.

8. As the OP is Ex-Parte, the allegations made by the complainant have gone unchallenged, uncontested and unrebutted, and hence we find no reason to disbelieve the complainant’s averments. The complainant has annexed all the documents with her complaint to corroborate her sworn testimony which is paid amount to Rs.3,13,500/-. However, the OP neither handed over the possession of the plot nor refunded the amount to the complainant. This act apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
9. Accordingly, we allow the complaint and direct the OP jointly or severally to refund the deposited amount of Rs.3,13,500/- (Rupees Three Lakh Thirteen Thousand Five Hundred)alonwthinterest @ 6% p.a. from the date of filing of the complaint andRs.1,00,000/- (Rupees One Lakh) as lumpsum for mental agony and litigation charges within 45 days from receipt of the orders failing which OP shall be liable to pay entire amount with interest @ 9% p.a. till realization.

• 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 20.08.2024.