CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/432/21

          Date of Institution:-   23.12.2021

          Order Reserved on:- 03.11.2023

                         Date of Decision:-     04.03.2024

IN THE MATTER OF:

Lt. Col. Jyoti Kumar

S/o Shri Rajender Singh

R/o 143, Shaheed Vijay Singh Marg,

Gole Gujral, TalabTillo, Jammu - 180002

.….. Complainant

VERSUS

KAMP Developers Pvt. Ltd.

Having office at T-303, Tirupati Plaza,

Plot No.-11, Pocket-4, Sector-11,

Dwarka, New Delhi – 110075

Also at:

Kamp Developers Pvt. Ltd.

S-1, II Floor, Centric Plaza,

Sector-11, Pkt.-4, Plot No.8,

Dwarka, New Delhi - 110075

  .…..Opposite Party

   ORDER

Suresh Kumar Gupta, President

1. The complainant has filed the complaint under section 35 of Consumer Protection Act, 2019 (hereinafter referred to as Act) with the allegations that OPs have represented to him that they are developing a housing project named “Crystal Residency” in L-Zone of Delhi and possession will be delivered within 3 years from the date of signing of memorandum of understanding failing which complainant shall have the option of refund of amount along with interest @9% p.a. He along with his wife booked a 2 BHK flat with super area of 1250 sq. ft. on the 2^nd floor on the said project. The cost was Rs.5250000/-. He has paid a sum of Rs.5,25,000/- vide cheque no.095656 dated 20.12.2015 drawn on BIBI Wali Chowk, opposite Clock Tower, Bhatinda and the payment was duly acknowledged by the OP by issuing the receipt. A MOU dated 24.12.2015 was duly executed between them. Similarly on the assurances of the OPs, his wife Ms. Ankur Naraina booked 2 BHK flat on th e 2^nd floor in the said housing project, the price of the said flat was fixed as 42 lakh and customer reference no.30116 was assigned by the OPs. A sum of Rs.3,70,000/- was paid in cash and Rs.50,000/- was paid vide cheque no.095657 dated 20.12.2015 drawn on BIBI Wali Chowk, opposite Clock Tower, Bhatinda. The receipts were issued by the OPs. In October, 2019, the OPs have advised his wife to adjust the amount of Rs.4,20,000/- towards the cost of the flat her husband as project is not progressing. The amount of Rs.420000/- along with interest of Rs.102060/- was adjusted towards the price of the flat of the complainant which is evident from the receipt dated 19.10.2019. A sum of Rs.1047060/- was invested by him towards the flat booked with OPs. The project has not made any progress even after more than five and half years and there is no scope of delivery of possession of flat in near future to him so he decided to seek refund of the amount with interest @18% p.a. from the OPs. Ths OPs did not refund the amount with interest upon which legal notice dated 24.08.2021 was served upon the OPs but in vain. Hence, this complaint.
2. The notice of the complaint was issued to the OPs. The OPs were duly served but did not put the appearance. On 16.09.2022, they were proceeded ex-parte.
3. The complainant has filed his own affidavit in evidence where he has corroborated the version of complaint and placed reliance on the Ex.CW-1/1 to 1/6.
4. The parties have not put their appearance and accordingly on 03.11.2023 the case was reserved for orders.
5. We have perused the entire material on record.
6. It is clear from the entire material on record that the complainant has booked 2 BHK flat on the 2^nd Floor in the housing project named Crystal Residency to be developed by the OPs in the L-Zone of Delhi and paid a sum of Rs.5252000/- as evidence from Annexure-C1 i.e. cheque drawn in favour of OP-1 and Annexure-C2 issued by OP. A MOU Annexure-C3 was executed between them. The reference no.30115 was issued by OP.
7. The wife of the complainant has also booked 2 BHK flat on the 2^nd Floor of the same housing project and made a payment of Rs.420000/- as evident from Anenxure-C4 receipt and Annexure-C5 i.e. cheque of Rs.50,000/- issued in favour of OP.
8. The amount deposited by wife of the complainant was adjusted in the flat of the complainant. The interest receipt of Rs.102060/- was issued by the OP as evident from Annexure-C6.
9. The OP was to deliver the flat within 3 years from the date of signing of MOU but OP has failed to deliver the possession of flat within the stipulated period as a result complainant has demanded refund of the amount with interest but in vain. A legal notice dated 24.08.201 was issued to the OP to refund the amount with interest but in vain.
10. The OP has failed to deliver the possession of the flat within 3 years from the date of signing of MOU. No progress has been made to execute the project.  The OP has not refunded the amount with interest despite the receipt of legal notice. The OP has been utilising the payment made by the complainant to the detriment of the complainant. This is not only a deficiency of service but unfair trade practice on the part of OP. The evidence led by the complainant has gone unrebutted and same is relied upon.
11. Hence, in view of our discussion, the complaint of the complainant is allowed to the effect that OP shall refund the amount i.e. Rs.10,47,060/- along with interest @12% p.a. from the date of the legal notice till its realization. The complainant has undergone mental agony so he is entitled for compensation on this score also. The OP shall also pay Rs.50,000/- towards compensation. The OP shall comply with the order within 45 days from the date of receipt of order failing which complainant is also entitled for interest @12% p.a. on compensation from the date of order till its realization.

• A copy of this order is to be sent to all the parties as per rule.
• File be consigned to record room.
• Announced in the open court on 04.03.2024.