DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi- 110016

Case No.324/2022

Mr. Jeet Bahadur Thapa

S/o Tika Ram

R/o D-2/246, Vinay Marg

Chanakyapuri

S.O. South West

Delhi-110021.                                                              .…Complainant

                                                 VERSUS

M.R. Realtech

Office No.7C, 2^nd Floor

Rama Palace, Ajronda Chowk

Sector-20B, Faridabad

Haryana-121004.

Shri Niranjan Kumar

S/o Chandrapal Singh

R/o House No.1224, Adarsh Nagar

Ballabgarh, Dist. Ballabgarh

Faridabad,Haryana-121004.                                      ….Opposite Parties

Coram:

Ms. Monika A Srivastava, President

Ms. Kiran Kaushal, Member

Present:    Adv. Dushyanat Tiwari for complainant.

Present:    OP is exparte.

ORDER

Date of Institution:14.11.2022

Date of Order       :14.11.2024

President: Ms. Monika A Srivastava

Complainant has filed the present complaint seeking physical possession of the plot and registration of mutation of the said plot; refund Rs.4,03,500/- along with interest @ 18% per annum from 16.02.2018 till realisation and Rs.3,00,000/- as compensation for mental agony and suffering.  OP-1 is M.R. Real Tech and OP-2 is Sh. Niranjan Kumar.

1. Complainant entered into an agreement with the OP on 16.02.2018 and paid an amount of Rs.40,000/- for booking a plot of 50sq.yds. for a total amount ofRs.4,03,500/-.  It is stated by the complainant that he was informed by the representative of OP-1 that they are selling plot at a cheaper price at plot No.167, Jajru Gaon Krishna Colony, Ballabgarh, Faridabad which will have facilities and would be developed as a good area on the representation  of the representative of OP-1 complainant agreed to purchase 50 Sq. yds. Plot  for an amount of Rs.4,03,500/-. Copy of the agreement dated 16.02.2018 is annexure C-1.

2. It is stated by the complainant that though he has paid the full amount but OPs have failed to give possession to the complainant even till 15.06.2021.  Copy of the payment receipts issued by OP-1 is annexed as annexure C-2.  It is stated by the complainant that despite his various visits to the office of the OPs for inquiry of possession of the plot OPs have only given him excuses that the possession would be delivered shortly.  Complainant also gave a written representation dated 16.09.2022 but the OP did not give any receiving which was then sent through post to the OP.  Copy of the representation along with the tracking report is annexed as annexure C-3.  It is stated by the complainant that the act of the OPs amount to unfair trade practice had he has not been handed over the possession of the plot despite paying the entire amount causing mental stress to the complainant.  It is stated that OPs have cheated the complainant in a calculated manner and caused wrongful loss.

3. Notice issued to only OP-1 despite notices OP has not appeared and proceeded exparte.  Complainant has filed his evidence and written arguments.  This Commission has gone through the entire material on record. It is seen that the complainant has paid a total sum of Rs. 4,03,500/-  to the OP. Complainant has placed on record proof of payments made to OP-1 on various dates which is reflected in his bank statement placed on record.  Complainant has also placed on record receipt issued by OP of Rs.4,03,500/- dated 22.06.2021.

Complainant has also placed the agreement entered into with the OP wherein he has agreed to purchase plot No.167 Rakba 90 for Rs.8,10,000/- and wherein he is agreed to the plans of Rs.7,70,000/- in 40 instalments and also annexed of late instalment he would be liable interest @3% and the sale deed was to be executed by 15.06.2021 however, it was not done. It is also seen that though the complainant has not paid the entire payment he has paid 50 % of the said amount.

OP has not appeared to deny the allegations of the complainant and it is observed that that the OP has not executed the said sale deed and yet has accepted money from the complainant even after the due date of execution of sale deed was over. Therefore, this commission is of the view that ends of justice would be met by directing the OP to refund the entire amount of Rs. 4,03,500/- to the complainant with interest @7% p.a from the proposed date of execution of sale deed till realisation within three months from the pronouncement of the order failing which OP would be liable to pay interest @ 9% p.a.

Copy of the order be given to the parties as per rules. File be consigned to the record room. order be uploaded on the website.