CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No. 212/2017

ROSY KAPOOR

W/O SHRI SANJEEV KAPOOR
R/O 194 SATYA NIKETAN,
NEW DELHI-110021

…………. COMPLAINANT

VS.

1. M/S HI-LEAD INFOTECH PVT. LTD
   F-1098 BASEMENT, CHITRANJAN PARK,

NEW DELHI

2. THE DIRECTOR / AUTHORIZED PERSON
   M/S HI-LEAD INFOTECH PVT. LTD
   F-1098 BASEMENT, CHITRANJAN PARK,

NEW DELHI

3. M/S URBTECH INDIA DEVELOPERS PVT. LTD.
   B-4, SECTOR-132 NOIDA, U.P

ALSO AT:-

4. M/S URBTECH INDIA DEVELOPERS PVT. LTD.
   PLOT NO. 263, SECTOR-24,
   FARIDABAD, HARYANA

………….. RESPONDENT

Date of Order: 18.08.2020

O R D E R

REKHA RANI– President

Rosy Kapoor, the Complainant has filed an instant complaint u/S 12 of the Consumer Protection Act pleading therein that M/s Hi-Lead Infotech Pvt. Ltd. (in short OP) in the year 2009 represented to be a major real estate developer in India and proposed to develop a business hub referred to as “URBTECH NPX” on plot no. 01 , block-C, Sector-153, Noida which was claimed to be world’s best business hub for architects and designers.  Lured by the promises and assurances of the OP, Complainant decided to book a unit/space/shop for his personal use.  OP assured to complete the work and hand over the possession of the unit within 36 months from the date of signing of the allotment letter i.e., 15.06.2010 within an extended period of 6 months.  OP allotted a unit no. S-153, on 2^nd floor admeasuring 228.62 sq. ft..  The allotment letter dt. 15.06.2010 was executed with annexure of payment plan and proposed specifications and it was a construction linked payment plan.  Complainant had paid Rs.10,66,117/- out of total amount of Rs.11,40,242.25/- which was more than the value of the unit but OP failed to complete the construction and hand over the possession of the unit within 36 months from the date of signing of the agreement.  OP had changed the size of the shop without any consent of the complainant and also raised the cost of the shop by more than Rs.10,00,000/- which is arbitrary.  Vide Final Statement of Accounts on 18.07.2015, OP demanded balance outstanding amount of Rs.3,33,378/- but it failed to specify any date after which possession of the allotted unit would be handed over to the complainant.

Vide letter dt. 30.07.2016, OP demanded maintenance charges of the shop whereas the project was not completed, Complainant sent Notice to OP on 26.12.2016 but OP did not reply.  As per the complainant increasing the size of the shop without consent of the complainant and without linking the payment with stage of construction caused undue harassment and financial loss to the complainant.  Complainant has prayed for refund of amount of Rs.10,66,117/- with interest @ 18 % per annum, Rs.50,000/- towards compensation and mental agony and Rs.50,000/-towards litigation cost.

Vide Order dt. 27.10.2017 our predecessor Bench proceeded against the OP ex-parte. 

Complainant filed her affidavit in her ex-parte evidence, complainant also filed written arguments.  We have heard Praveen Kapoor, advocate through video conferencing, the complainant has placed on record copies of receipts showing payment made to OP.  She has also placed on record copy of allotment letter dt. 15.06.2010. Allotment letter was executed at Chittranjan Park which is within our territorial jurisdiction. 

Complainant has pleaded that the unit in the project of OP was booked by her for personal use and employment.  We have no reason to disbelieve the said claim of the complainant that the unit was purchased for the purpose of her own employment/use and not for any commercial purpose.

            As per unrebutted uncontroverted testimony of complainant, she has paid Rs.10,66,117/- to the OP towards allotment of the unit in question.  She has not been given possession of the allotted unit nor refund of the amount deposited by her with OP.

            OP cannot take advantage of its own wrong.  It cannot cause unjust loss to the complainant and unjust enrichment to itself.

            OP is directed to refund an amount of Rs. 10,66,117/- to complainant with interest @ 7 % per annum from the date of payment till realization with litigation cost of Rs.25,000/-.

Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

           (SHAHINA)                                                                         (REKHA RANI)

            MEMBER                                                                                PRESIDENT