CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO. CC/119/13

                                                                                Date of Institution:-05.03.2013

                                                                              Order reserved on:-18.04.2023

                                                                             Date of Decision:-19.05.2023

IN THE MATTER OF:

Rabindra Nandi (now deceased)

Through his legal heirs

1. Smt. Ratna Nandi

W/o Late Sh. Rabindra Nandi

2. Sh. Subhrojeet Nandi

S/o Late Sh. Rabindra Nandi

Both R/o P-56, 2^nd Floor,

Vijay Vihar, Uttam Nagar (East),

New Delhi                                                                    ......Complainants

VERSUS

M/s Felicity Estates Pvt. Ltd.

Through its Directors

B-1, Plot No.10, Second Floor,

LSC, Vasant Kunj,

New Delhi – 70.…..Opposite party

O R D E R

Per R. C. Yadav, Member

1. The facts of the case are that the complainant has booked a residential plot measuring150 sq. yards for the new project “Felicity Meadows” at Jaipur, Rajasthan and paid booking amount of Rs.41,000/-. The OP had assured complainant the said plot was handed over in 24 months. The complainant had paid four instalment as per payment scheduled (Quarterly). The complainant has deposited total amount of Rs.2,07,000/- for the said plot and also annexed receipt as Annexure-CW-1/A. The complainant was surprised when OP failed to develop the project within 24 months of the booking. The complainant has visited the project and came to know that there was no development on the site. The official of OP-2 assured complainant that project will be issued after completion of formalities from Rajasthan Government. The complainant also requested OP to refund his deposited money but OP did not refund his money. The complainant also prayed in his complaint to refund Rs.2,07,000/- and Rs.2,00,000/- for compensation for mental agony and Rs.50,000/- for litigation charges. The complainant
   Sh. Rabinder Nandi died on 27.08.2021 and Ld. Counsel of complainant filed LRs which was allowed vide order dated 03.06.2022.

2. Notice was served to OP and it entered appearance and file written statement taking several preliminary objections including limitation of the case and case is of civil in nature. It is also alleged that the complainant had failed to make payment of the last instalment in time and this was violation of terms and conditions.

3. In response to the written statement, the complainant filed rejoinder reiterating the allegations made in the complaint and denying the allegations levelled in the written statement.

4. We have gone through the entire record carefully and thoroughly.

5. It is the case of the complaint that the complainant has booked a residential plot measuring150 sq. yards for the new project “Felicity Meadows” at Jaipur, Rajasthan and paid booking amount of
   Rs.41,000/-. The OP had assured complainant the said plot was handed over in 24 months. The complainant had paid four instalment as per payment scheduled (Quarterly). The complainant has deposited total amount of Rs.2,07,000/- for the said plot and also annexed receipt as Annexure-CW-1/A. The complainant was surprised when OP failed to develop the project within 24 months of the booking. The complainant has visited the project and came to know that there was no development on the site. The official of OP-2 assured complainant that project will be issued after completion of formalities from Rajasthan Government. The complainant also requested OP to refund his deposited money but OP did not refund his money. The complainant also prayed in his complaint to refund Rs.2,07,000/- and Rs.2,00,000/- for compensation for mental agony and Rs.50,000/- for litigation charges. It is his case that conduct of OP amount to deficiency-in-service and unfair trade practice. The OP has not denied the booking of the plot is his written statement stating that it is a matter of record and need no reply. The OP was under obligation to handover the residential plot of payment of booked amount and in case it was not possible then it should have reflected the amount claimed by the complainant no delivery of  possession of plot on receipt of the booked amount within reasonable time amount to deficiency-in-service as well as unfair trade practice. Arifur Rehman Khan v/s DLF Southern Home Pvt. Ltd. (2020) 16 SCC 512 is an authority on this point.

6. Accordingly, we allow the complaint and direct the OP to refund Rs.2,07,000/- with interest @6% p.a. from the date of filing the complaint and Rs.90,000/- lump sum for mental agony and litigation charges within 45 days of the receipt of this order, failing which entire amount shall become  payable with interest @9% till realisation.

• Copy of this Order be given/sent to the parties as per rules.
• The file be consigned to record room thereafter.
• Announced in the open court on 19.05.2023.