DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 126/2018

Date of Institution: 16.04.2018

Judgment Reserved on: 25.03.2022

Judgment Passed on: 08.04.2022

QUORUM:

Sh. S.S. Malhotra (President)

Ms  Ritu Garodia (Member) – On Leave

Sh. Ravi Kumar (Member)

Order by: Sh. Ravi Kumar, Member

JUDGMENT

1. It is matter of record that initially there were two OPs i.e. Jamal Siddique & Shri Rajesh Arora but Shri Rajesh Arora was held to be an unnecessary party vide order dated 4.6.2018 itself i.e. even prior to admission the matter. Therefore, OP2 is deleted and fresh memo of parties had filed by the complainant which was placed on record and accordingly there is only one OP in the memo of party in the title of judgment.
2. The Complainant, a senior citizen, in her complaint has contended that she had booked a plot no. 36 measuring 150 sq. yds on 05.08.2012 (Reg.No.SRT/026) in the residential scheme `Green Sapphire’, Kankar, Delhi NH-8, Neemrana, Rajasthan with the OP1 Company `Shema Real Techno Built Pvt. Ltd.’ through OP2 Mr. Rajesh Arora, R/o B/10, 4^TH Floor, Acharya Niketan, Mayor Vihar Phase I, New Delhi 110091. The payment of the plot was installment linked and the OP promised to develop the roads, make provision of water and electricity, earmarking of plot for worship place and park etc. within a period of two years. The total value of the plot was fixed at Rs.675000/- and the complainant opted payment of plot on monthly installment and paid Rs.75000/- at the initial time of booking. Subsequently, complainant continued her payments and states that she paid total amount of Rs.3,50,000/- for which receipts were issued by OP1. However, there was no development on the site nor any marking of plots were made and as such she contacted OP to return her money. However, only false assurances were given to her and OP kept on lingering the matter. Complainant has alleged Unfair Trade Practice and deficiency of service on the part of OP and has prayed for

1. refund of Rs. 3,50,000/- alongwith 24% interest p.a. from the date of accrual till the final realization
2. compensation of Rs.1,00,000/- towards mental agony, harassment, pain etc,
3. Payment of Rs. 3,00,000/- on account of cancellation of property deal

& any other further order which deem fit and proper.

3. The OP was served and even memo of parties was filed by the OP on 21.1.2019 and copy of complaint was supplied. The matter was also listed for settlement but subsequently OP did not appear and was proceeded ex-parte on 28.3.2019.
4. Evidence filed by the Complainant has been taken on record. Complainant has exhibited evidence affidavit as Ex.CW1/1, true and correct copy of original complaint as Ex.CW1/2, copy of legal notice dated 13.05.2016 alongwith receipt as Ex.CW1/3 (colly), copy of brochure as Ex.CW1/4 (colly), 14 Original Receipts of payment issued by OP as Ex.CW1/5 (colly).
5. The Commission has gone through the documents on record and heard the arguments of Ld. Counsel of Complainant. No arguments were advanced by the OP.

The case of the complainant is that on 05.08.2012 she booked a 150 sq.yds plot with the OP in the residential scheme `Green Sapphire’, Kankar, Delhi NH-8, Neemrana, Rajasthan with the assurance that the site will be developed with all amenities including road, water and electricity, worship place and parks etc. However, nothing was done by OP to develop this site which was having other plots also whereas the entire Project was to be developed in time bound manner.

Complainant has produced copy of Brochure Ex.CW1/4 alongwith 14 Original Receipt of payment Ex.CW1/5 as follows:

6. As far as OP is concerned the complaint has gone uncontested by them. It is apparent from the facts and documents on the File that from the very beginning OP’s intention was to lure innocent investors to invest in their Project without any plan of execution. On account of non-development of the Project site by OP even after receiving payments from the complainant, the complainant  requested OP to refund the amount however OP chose to remain silent and did not take any action to refund the amount to her. Taking huge amount of consideration and not delivering the Project as assured in their Brochure EX.cw1/4 in time bound manner OP was supposed to develop the roads, make provision of water and electricity, earmarking of plot for worship place and park etc. on the site at Neemrana, Rajasthan within a period of two years. However he did nothing and it appears that the OP has abandoned the Project without returning the amount which he had taken from the Complainant. All this clearly establishes deficiency of service on the part of OP.
7. In her complaint, the Complainant has claimed that she has paid Rs.350000/- to OP however she has filed 14 Original Receipts Ex.CW1/5 as proof of payment to OP along with her evidence, total of which comes to only Rs.311000/-. Hence Complainant can claim Rs.311000/- and not Rs.350000/- as she failed provide proof of payment of the full amount.
8. For the reasons stated supra this Commission holds OP - Jamal Siddique prop. M/s Shema Real Techno Built Pvt. Ltd liable for deficiency in service and the following reliefs are granted to the Complainant :

1. OP to pay Rs.3,11,000/- to the Complainant alongwith 9% interest from date of deposit of each amount upto realization.
2. OP to pay the complainant a consolidated amount of Rs. 25,000/- as compensation on account of pain and mental agony etc suffered by her and Rs. 11000/- towards legal expenses.

9. This Order shall be complied with within 30 days from the date of order.
10. Copy of the Order be supplied / sent to the Parties free of cost as per rules.
11. File be consigned to Record Room.
12. Announced on 8.4.2022

       Delhi