CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/53/15

          Date of Institution:-    04.02.2015

          Order Reserved on:- 03.07.2024

                   Date of Decision:-      16.08.2024

IN THE MATTER OF:

Bijender Singh Bhanwera

S/o Late Sh. Attar Singh,

R/o 1935, K-Road, Vovol,

Gandhi Nagar, Gujarat - 382016                           .….. Complainant

VERSUS

1. Land Connect

Developers Pvt. Ltd.

(A group of HR build estate Pvt. Ltd.)

G-86, Vardhman Crown Mall,

Sec-19, Dwarka, New Delhi – 75

Through its Managing Director/Principal Officer.

2. Harish Rana,

(Managing Director),

Main Raod, In Front of Unique Health Care,

Bijwasan, New Delhi

3. HimanshuAggarwal (Director)

S/o Sh. Rajender Prasad Aggarwal,

Sher Nagar, SherPur, GurMandi Road,

Muzaffarnagar, UP..…..Opposite Parties

Per Dr. HarshaliKaur, Member

1. The complainant booked a plot of 100 sq. yards in Defence Enclave on NH-8 at Gurgaon, Haryana, in the project developed by the OPs-1, 2 and 3. He paid Rs.2 lakh towards the booking of this plot. The OPs issued a receipt towards the said payment annexed with the complaint as Annexure-B. The complainant has also annexed a copy of his bank statement regarding the payment of the booking amount of Rs.2 lakh as Annexure-A1-4 Colly.

2. The complainant alleges that despite repeated requests, the OPs did not handover the allotted plot he had booked or cancel the booking and refund the paid amount. The complainant later learned that the booked plot did not exist and that no development or construction was taking place in the project. The complainant contacted OP-3, Sh. Himanshu Agarwal, Director of OP-1,through SMS and also telephonically several times, but the OPs did not take any action to resolve his grievance.

3. Only after the complainant visited the OPs office at Dwarka, New Delhi,did the OPs issue a cheque of Rs.2 lakh in favour of the complainant (Annexure-C). However, when he deposited the cheque in his bank in Gujrat, the cheque was dishonoureddue to insufficient funds. The complainant has annexed the cheque returning memo as Annexure-Dwith his complaint.

4. When no other option was available, the complainant issued a legal notice dated 27.06.2014 to the OPs (Annexure-E-1 & 2 Colly) to no avail. Hence, alleging deficiency in service and unfair trade practice, the complainant filed the present complaint before this Forum under section 12 of the Consumer Protection Act, 1986 as the last recourse. He has sought directions to the OPs to return the amount of Rs.2 lakh with interest @18% p.a., Rs.1,50,000/- towards compensation for harassment caused to him and Rs.1 lakh for mental agony along with Rs.10,000/- as litigation costs.

5. Notice was issued to OP-1, 2 and 3 to file their reply to the present complaint.When the complainant filedproof of adequate service through publication, this Forum proceeded OP-1, 2, and 3 ex-parte vide order dated 20.01.2017. The complainant filed his affidavit to be read in evidence and written submission on record thereafter.On the day fixed for the final argument, the Ld. Counsel for the complainant stated that the case may be decided based on the material on record. Since the OPs are exparte, the order was reserved.

6. We have gone through the facts and circumstances of the present complaint and have carefully perused the documents proved on record by the complainant to substantiate his testimony.Since the OPs are ex-parte and have chosen not to contest the present complaint, we have no reason to disbelieve the complainant's unrebutted and uncontroverted testimony.

7. The complainant has filed on record the receipt issued by the OPs on booking of his plot of 100 sq. yards dated 03.04.2013 for the amount of Rs.1 lakh as Ex.B. He has also annexed the copy of the bank statement, which reflects that he paid Rs.1 lakh through NEFT on 29.03.2013 to the OPs, as clarified in Ex.A3 and A4.Further, the complainant has also annexed the original cheque issued by the OPs dated 27.05.2014 drawn on Kotak Mahindra Bank for Rs.2 lakh to refundhis paid amount annexed as Ex.C. The complainant has also filedthe original cheque returning memo as Ex.D, wherein the cheque was dishonoured due to "fundsinsufficient". These documents are sufficient to prove the complainant's case.

8. Hence, allowing the complaint,we direct the OPs to jointly or severally refund Rs.2 lakh to the complainant towards the booking amount along with interest @9% p.a. from the date of filing of the complaint, i.e. 04.02.2015 till realization. The OPs shall also pay Rs.50,000/- towards compensation for the mental agony and harassment faced by him, inclusive of litigation costs.

• 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 16.08.2024.