Delhi

North East

CC/51/2023

Rajbir Singh - Complainant(s)

Versus

Investors Clinic Infratech - Opp.Party(s)

25 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 51/23

 

 

 

In the matter of:

 

		Sh. Rajbir Singh S/o Lt. Sh. Hardev Singh R/o B 590 MIG Flats East of Loni Road Shahdara, Delhi-110093		Complainant
		Versus
	1.       2.       3.         4.         5.	Director/ The Manager/ CRM/Executive Investors Clinic Infratech (P) Ltd. Regd. Office At 7, RBI Colony Market, Hauz Khas, New Delhi-110016   Sunil Kumar Executive Investors Clinic 21st Floor Astralis, Supernova Sector 94, Noida UP 201301   Udit Executive Investors Clinic 21st Floor Astralis, Supernova Sector 94, Noida UP 201301   Deepak Chhabra Director of Investors Clinic 21st Floor Astralis, Supernova Sector 94, Noida UP 201301     Director/ The manager/CRM/Executive Mahagun India Pvt. Ltd. A 19 Sector 63 Noida UP 201301		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		28.02.23 27.02.24 25.04.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against Opposite Party.

Case of the Complainant                                                                 

1. The case of the Complainant as revealed from the record is that on 25.04.22 Opposite Party No.2 and Opposite Party No.3 came to Complainant house and offered Complainant to purchase a property unit no. 804 measuring 600sq ft. in Sarovar Portico Mahagun India Pvt. Ltd. in sector 3, Vaishali, UP 201012 and Complainant was informed initially that he has to pay 10 % advance booking amount of the said property and rest of the amount was payable within three months from the date of booking also Opposite Party No.2 and 3 told that if Complainant wishes to cancel the above said deal then he has to inform Opposite Party No.5 by email within 90 days of booking and the paid advance amount shall be returned/credited to Complainant account within 30 days and without any deduction. Thereafter Complainant gave Opposite Parties a cheque of Rs. 6,60,000/- from account of his wife having cheque  no. 717176 on 25.04.22 which was duly honoured on 02.05.22 in favour of Opposite Party No.5. The Complainant stated that when he asked for requisite documents i.e. deeds and agreement/ receipt of the said deal the Opposite Parties ignored the Complainant and always gave false promises and lame excuses. The Complainant had made several calls to Opposite Party and also visited the office of Opposite Parties but all in vain. It is stated that when Complainant reached the Mahagun India Pvt. Ltd. Complainant found that there was no booking/log in or any kind of receipt in Complainant’s name though the booking amount which was paid on 25^th April 2022 was credited into the account of Mahagun India Pvt. Ltd. A 19 Sector 63 Noida. It seems that the Opposite Party No.5 is conspirator and hand in gloves with the investors Clinic 21^st Floor Astralis supernova. Thereafter Complainant cancelled the said deal and sent email to Investors Clinic and Mahagun India Pvt. Ltd. within 90 days from date of booking and asked Opposite Party to return the amount paid by Complainant. It is stated that neither Opposite Party No.1 nor Opposite Party No.5 paid any heed to request of Complainant. The Complainant had also served legal notice to Opposite Parties but Opposite Parties never responded to the same.  The Complainant has prayed to refund the whole amount which has been paid by him at the time of booking and Rs. 10,00,000/- for mental harassment.  He further prayed for Rs. 1,00,000/- towards legal expenses.
2. None has appeared on behalf of Opposite Parties to contest the case despite service of notice. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 12.05.23.

 

 

Ex-Parte Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Parties did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed.  The Opposite Party No.1 and Opposite Party No.5 jointly and severally are directed to refund the amount which has been paid by the Complainant at the time of booking of Rs. 6,60,000/- to the Complainant with interest @ 9 % p.a. from the date of filing the complaint till recovery. The Opposite Party No.1 and Opposite Party No.5 are further directed to pay Rs. 1,00,000/- jointly and severally to the Complainant  on account of litigation expenses and mental harassment along with interest@ 9 % p.a. from the date of this order till recovery.

 

 

6. Order announced on 25.04.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)          Member

(Adarsh Nain)      Member

(Surinder Kumar Sharma) President