Case No.CC/334/2021

Date of Institution:-05.10.2021

Order Reserved on :-06.06.2024

           Date of Order :-26.09.2024

IN THE MATTER OF:

Smt. Somwati

W/o Late Sh. Shibbu,

R/o H.No. RZC-22, C-Block,

Dwarkpuri, Vijay Enclave,

P.S.-Dabri, South-West,

Delhi – 110045.

          …..Complainant

VERSUS

K.K. Sangam India Developers Pvt. Ltd.

Through Manager/Owner,

Sh. Bharat Prakash S/o Sh. KrishanDev Prasad,

R/o RZM-50, SangamParivar,

Main DabriDwarka Road,

Vijay Enclave, New Delhi – 110045.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are that OP is a builder and engaged in the business of building the flats.  The complainant was needed of a flat asshe resided in the rented flat.  On 30.12.2018, the complainant went to the office of OP and booked 2 BHK flat in 3^rd floor measuring 40 sq. yd. with bike parking at plot no. RZM-23, Khasra no. 7/22/1, Vijay Enclave, New Delhi.  The complainant has paid Rs.10,000/- for booking of the flat. On 24.01.2019, sale agreement was executed with the complainant. The tentative cost of flat was Rs.10,50,000/-. The complainant has paid Rs.4,00,000/- on 24.01.2019 as token money. Further, on 16.10.2019, the complainant has paid Rs.1,00,000/- in the office of the OP and the official of OP issued the receipt to the complainant. As per the agreement, the balance amount was to be paid at the time of possession. The complainant has paid total consideration of Rs.5,10,000/- (Rupees Five Lakh Ten Thousand) to the OP.  The OP has assured the complainant to handover the possession of flat by 30.05.2020.  If the possession of the flat was not handed over to the complainant on 30.05.2020then OP should have refunded the deposited money with interestto the complainant.  The complainant has visited the office of OP several times for allotment of the flat or refund of her deposited money.  The complainant has sent a notice dated 07.08.2021 to the OP for the possession of flat but the OP has not replied to the complainant. OP has neither handed over the possession of flat nor refunded her deposited amount which clearly constitutes deficiency in service and unfair trade practice on the part of the OP.   The complainant has prayed for refund of Rs.5,10,000/- (Rupees Five Lakh Ten Thousand)alongwith Rs.4,00,000/- towards mental agony and harassment.
2. Notice was served upon OP.The OP entered its appearance and the OP has not filed the reply within statutory provisions as provided in the Consumer Protection Act, 2019. Hence, the defence of OP was closed vide order dated 06.01.2023.
3. The complainant has filed Ex-parte evidence and written arguments in support of his case.
4. On 06.06.2024, the case was listed for arguments. We have heard the complainant and perused the record.
5. We have considered the material on recordcarefully and thoroughly.
6. It is the case of the complainant that she booked 2 BHK flat in 3^rd floor measuring 40 sq. yd. with bike parking at plot no. RZM-23, Khasra no. 7/22/1, Vijay Enclave, New Delhi.  The complainant has paid Rs.10,000/- for booking of the flat. On 24.01.2019, sale agreement was executed with the complainant. The tentative cost of flat was Rs.10,50,000/-. The complainant has paid Rs.4,00,000/- on 24.01.2019 as token money. Further, on 16.10.2019, the complainant has paid Rs.1,00,000/- in the office of the OP and the official of OP issued the receipt to the complainant. As per the agreement, the balance amount was to be paid at the time of possession. The complainant has paid total consideration of Rs.5,10,000/- (Rupees Five Lakh Ten Thousand) to the OP.  The OP has assured the complainant to handover the possession of flat by 30.05.2020.  If the possession of the flat was not handed over to the complainant on 30.05.2020 then OP should have refunded the deposited money with interestto the complainant.  The complainant has visited the office of OP several times for allotment of the flat or refund of her deposited money.  The complainant has sent a notice dated 07.08.2021 to the OP for the possession of flat but the OP has not replied to the complainant. OP has neither handed over the possession of flat nor refunded her deposited amount which clearly constitutes deficiency in service and unfair trade practice on the part of the OP.
7. It is the case of the complainant that when she did not get the possession of the plot so sought the refund of the deposited amount, but the same has not been refunded by the OP despite repeated requests.  It is her case that this conduct of the OP amounts deficiency in service and unfair trade practice. Non-delivery of the possession of the flat on receipt of the booked amount within a reasonable time amounts to deficiency in service. Reliance is placed on :

“Kolkata West International City Vs. DevasisRudra dated 25.03.2019 Civil Appeal 3182/2019” decided by Hon’ble Apex Court.

8. It is the case of the complainant that when she did not get the possession of the plots, she asked for refund the deposited amount but the same has not been refunded by the OP.   The allegations made by the complainant have gone unchallenged, unrebutted and uncontested and as such whatever has been placed on record is relied upon. 
9. From the facts of the case and evidence placed on the record, it is clear that receipt of the deposit amount of Rs.5,10,000/- (Rupees Five Lakh Ten Thousand)from the complainant, the OP has neither handed over the possession of the plots nor refunded the amount to the complainant and this act apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
10. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.5,10,000/- (Rupees Five Lakh Ten Thousand)alonwth interest @ 6% p.a. from the date of deposited amount and Rs.1,00,000/- (Rupees One Lakh) as lumpsumfor mental harassment to the complainant within 45 days from date of receipt of order failing which the OP shall be liable to pay the entire amount with interest @ 9% p.a. till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 26.09.2024.