CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/300/22

                    Date of Institution:-    16.09.2022

                    Order Reserved on:- 04.10.2023

                    Date of Decision:-      01.03.2024

IN THE MATTER OF:

Deepak Singh

B-250, Bharat Vihar, Kalraula,

New Delhi - 78

.….. Complainant

VERSUS

1. DTCP, Gurugram, Haryana,

HUDA Complex, Sector 14,

Gurugram, Haryana 122001

2. Czar Buildwell (Pvt.) Ltd. Gurugram

301, Global Foyer Mall, Golf Course Rd,

Sector 43, Gurugram, Haryana 122009.

   .…..Opposite Parties

Per Dr. Harshali Kaur, Member

1. The Complainant applied for affordable housing through the OP-1 website for the allotment of a unit in the project floated by OP-2. He paid Rs.1,29,060.40/- for booking the said property. The Complainant was issued a receipt of payment of the consideration amount dated 29.10.2021. The Complainant states that he was allotted unit 2307 in Tower 4 in Mahira 104 in a draw organized by OP-1 after he had paid the booking fees.
2. The Complainant alleges that when he spoke to his bank relationship manager, he was apprised that OP-2 had not completed any project and had a bad reputation. Believing his relationship manager, the Complainant, having lost trust in OP-2, applied for cancellation and refund of the consideration amount of Rs.1,29,060.40/- on 23.12.2021 via email through the Cancellation Form provided by OP-2. The Complainant alleged that OP-1 had even blacklisted OP-2 vide its order dated 17.05.2022.

3. Finally, on 19.05.2022, OP-2 assured the Complainant of a refund of his paid amount via an email sent by OP-2, wherein the Complainant was asked to collect the refund check on 21.06.2022 to no avail. Despite sending several emails to the OPs, the Complainant's amount was not refunded.

4. Hence, feeling aggrieved, the Complainant filed the present complaint under the Consumer Protection Act 2019, seeking directions to the OPs to refund Rs.1,29,060/- along with damages and litigation expenses amounting to Rs.1,20,940/-.

5. Notice was issued to OP-1 and OP-2. However, when both the OPs did not appear despite adequate service, OP-1 and OP-2 were proceeded ex-parte vide order dated 24.02.2023. The Complainant filed his ex-parte evidence and written arguments, reiterating whatever he had stated in his complaint. We have heard the final arguments of the Complainant, who appeared in person on the date fixed.

6. We have carefully considered the unrebutted and uncontroverted facts and circumstances of this case, which the Complainant has substantiated with cogent documentary proof. The Complainant has filed the payment receipt (Annexure-C) dated 29.10.2021 of the amount paid for booking the unit, i.e. Rs.1,28,470.40/- through OP-1. Annexure-D is the copy of the cancellation Form duly received by OP-2 on 19.02.2022 with all required documents. Annexure-F is a copy of the order dated 28.05.2022 wherein OP-1 had blacklisted OP-2 vide its order dated 17.05.2022. Annexure-F is the email dated 19.05.2022 sent to the Complainant by OP-2 wherein the Complainant is given the date of 21.06.2022 to collect his refund cheque. Annexure-G is another email sent to the Complainant dated 18.06.2022 requesting more time of 20-25 days to resolve his issue.

7.  Annexure-G & F are sufficient to show that, despite promising to refund his booking amount, OP-2 chose to seek more time and did not refund the Complainant's hard-earned money, which the Complainant had paid for the unit. Clearly, the OP-2 was deficient in the service as promised to the Complainant. So far as OP-1 is concerned we find no evidence on record to show that OP-1 can be held liable in this case. Hence, we absolve OP-1 from the present case.

8. Thus, allowing the complaint we hold OP-2 guilty of deficiency of service, we direct the OP-2 to refund the amount of Rs.1,28,470.40/- along with interest @12% to the Complainant from the date of filing the present complaint, i.e. 16.09.2022 till realisation. OP-2 shall also pay Rs.50,000/- towards compensation for the mental agony and harassment suffered by the Complainant, inclusive of litigation costs.

• A copy of this order is to be sent to all the parties as per rule.
• File be consigned to record room.
• Announced in the open court on 01.03.2024.