IN THE MATTER OF

              Qamar Ahmad S/O Mushtaq Ahmad R/O 4/1182B New Sir Syed Nagar Iqra Puliya Aligarh

                                           V/s

Jaydev Infratech Pvt. Ltd- Reged. Office-10 Ist Floor, Omaxe Arcade, Sector Omega Near Pari Chowk, Greater Noida UP 201308 thriugh authorize signatory

  CORAM

              Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, Member
3. Smt. Purnima Singh Rajpoot, Member

             PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.   The Op be directed to refund the deposited amount Rs. 1837063/ with interest.
2.  The op be directed to reimburse the complainant for Rs.750000/.
3. Compensation for harassment Rs.100000/
4. Litigation expenses Rs.25000/.

2. Complainant has stated that he and his daughter Bushra Qamar had applied for residential apartment in Ops project Uni Park at Yumuna express way Noida, U.P. and paid total amount Rs.1837063/.OP executed agreement dated 15.11.2014 with the complainant and his daughter in pursuance of allotment letter dated 5.11.2014 .OP while executing the agreement suppressed the period of completion of the project whereas the delivery of possession of the unit was to be made as providing under the law. OP informed the complainants to deliver the possession in the month of December 2019 but the promise was not fulfilled. Complainant’s daughter served the op with the legal notice to repay the amount Rs.1837063/ with interest and approached the real estate regularity Authority U. P. for seeking direction against the Op to repay the amount but the complaint was dismissed by holding that the project was unregistered and authority has no jurisdiction. Complainants have further stated that Bushra Qamar  is entitled for refund money Rs1837063/ with interest @18% from the date of payment i.e. 28.10.2014.and she is also entitled for reimbursement of the amount  Rs.25000/ per month at which the flat could be let out and thus total amount is calculated at Rs.750000/ from the month January,2020 @25000/ per month.Bushra Qamar the daughter of Qamar Ahmad Complainant is out of India and the complainant was authorize by her to file the complaint on her behalf  in her interest under the authority of power of Attorney.      
3. OP did not contest the case despite of sufficient service.    
4. Complainants have filed his affidavit and papers in support of his pleadings. 
5.  We have perused the material available on record and heard the complainant.
6. It is evident from uncontroverted pleadings of the complainant that the flat was allotted and total amount of consideration Rs.1837063/ was paid to the Op by the date 3.11.2014 through different cheques. OP failed to deliver the possession of the flat within three years as per provisions of section 13(2) of the Real estate (Regulation and Development) Act, 2016. Thus  the OP is liable the refund the amount Rs.1837063/ with interest @18% from 3.11.2014 till the date of actual payment. As the complainant daughter was deprived from use and occupation of the flat which could be let out @ Rs.25000/ per month and therefore OP is liable to reimburse the complainants daughter Rs.750000/ . OP is also liable to pay compensation for harassment Rs.50000/ and litigation expenses Rs.20000/.

7. We hereby direct the Op to refund to complainant’s daughter Bushra Qamar  the amount Rs.1837063/ with interest @18% from 3.11.204 till the date of actual payment to pay the complainant’s daughter Rs. 750000/ as reimbursement with pende lite and future interest@ 9% per annum. Op is also directed to pay to the complainant’s daughter  Rs.50000/ as compensation for harassment and litigation expensesRs.20000/.
8. Ops shall comply with the direction within 45 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
9.  A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties. 
10.  File be consigned to record room along with a copy of this judgment.