CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO. CC/369/16

                                                                                                  Date of Institution:-       16.08.2016

                                                                                                  Order reserved on:        18.04.2023

                                                                                                 Date of Decision:-          19.05.2023

IN THE MATTER OF:

Shri Namit Rai

S/o Shri Pramod Kumar Rai

R/o B-1/583, 4^th Floor, Janak Puri,

New Delhi - 110058                                                                                    .......Complainant

VERSUS

M/s. IFI Realty Pvt. Ltd.

  Regd. Office: T-9, IIIrd Floor,

H. L. Square, Sector-5, Plot No.6

(Above ICICI Bank)

Dwarka, New Delhi – 110075

Also at:

M/s. IFI Realty Pvt. Ltd.

Regd. Office: A/67, 1^st & 2^nd Floor

Sector-02, Near Sector-15 Metro Station

Noida 201 301, Uttar Pradesh                                                   .…..Opposite party

O R D E R

Per Dr. Harshali Kaur, Member

1. Allured by the representations of the O.P.s and desirous of having a residential house, the complainant booked a plot of land measuring 100 sq. yards in Greater Noida Rs.6500/- per sq. yards having a total value of Rs.6,50,000/-. The complainant states that he has paid Rs.1,95,000/- at the time of booking, and a balance of Rs.4,55,000/- was to be paid later.

2. The complainant paid Rs.6,50,000/- and Rs.70,000/- to the O.P. as per the demand raised on false representations. After paying the aforementioned amount, the complainant learned that the O.P. had not received the CLU, and hence no development could be done at the complainant’s booked plot.

3. When the O.P. neither shared the layout, sanctioned plan, nor the CLU, despite several requests by the complainant to the O.P., the last one in the first week of June 2015. He was informed that they could not secure the documents and asked the complainant to choose the plot at their different project at the prevailing market rate. The complainant felt cheated and asked the O.P. to refund his paid amount along with interest of @24% p.a. to no avail. He thus issued a legal notice to the O.P.s dated 10.06.2016 and another dated 23.06.2016, but both came undelivered.

4. Having exhausted all recourses, the complainant, therefore, filed the present Complaint under section 12 Consumer Protection Act, 1986, alleging deficiency in service, praying for an award of Rs.9,50,000/- which included the principal amount of Rs.6,50,000/- and compensation/damages for mental pain and suffering to the tune of Rs.3,00,000/- along with interest @24% p.a. from date of payment till realisation.

5. Notice was issued to the O.P. who did not appear before this Forum despite adequate service. Proof of service was filed by the complainant with requisite affidavit along with courier receipt and tracking report; hence, the O.P. was proceeded ex-parte vide order dated 27.01.2017. The complainant filed his deposition to be read as evidence reiterating what he had already averred in his Complaint. He also filed his written arguments.
6. We have heard the complainant and have also perused the documents filed by him to corroborate his claim. Having carefully considered the facts of this Complaint, we find that the complainant was allured by the various materials printed in the beginning of 2011 by the O.P. regarding the booking of residential plots at Jalpura in Greater Noida Uttar Pradesh. He booked a plot of land measuring 100 sq. yards with the O.P. and paid the booking amount of Rs.1,95,000/-. The complainant alleges that he paid the balance amount of Rs.6,50,000/- as and when demanded by the O.P. and another sum of Rs.70,000/- towards development charges.

7. The complainant later found out that Rs.7,20,000/- was taken from him on false representations, and no work had been commenced as per the agreement between the complainant and the O.P. Feeling insecure about his deposited amount. The complainant requested the O.P. to refund the amount paid by him along with interest @24% p.a. When he was unable to get a hold of the O.P. despite sending two legal notices, he filed the present Complaint.

8. The complainant has filed a copy of the agreement and the MOU on pages 10 to 18. The booking confirmation is on page no.19. Page no.20 is the copy of the receipt dated 13.04.2011 filed by the complainant on payment of Rs.1,30,000/- paid in cash on 05.04.2011. Page no.22 is receipt no.501 dated 12.11.2011 towards the payment made by the complainant of Rs.1,30,000/- on 12.07.2011 and Rs.1,95,000/- on 03.11.2011 vide cheque no.838544 drawn on HDFC Bank and cheque no.049907 drawn on UTI Bank respectively. Page no.23 is the acknowledgement of the payment of Rs.65,000/- on 19.11.2010, and 05.02.2011 vide cheque drawn on HDFC Bank, i.e. cheque no.838539 on 19.11.2010 and cheque no. 333989 on 05.02.2011 towards the payment for the booked plot. Hence, the complainant deposited the total amount of Rs.6,50,000/- which is duly acknowledged by the O.P. on page no.24 in the form of a NOC given to the complainant, a copy of which he has annexed with his Complaint with due stamp and signature dated 12.11.2011. The complainant has also annexed the copy of the written Complaint he filed at Janak Puri Police Station dated 31.10.2014 on pages 26 and 27 of his Complaint. A copy of the legal notice is on page no.28.

9. Since the O.P. is ex-parte, we have no reason to disbelieve the complainant’s testimony, which remains uncontroverted and unrebutted. The complainant has proved on record all the documents to substantiate his case. Hence, the complainant paid the amount as demanded by the O.P. towards his booked plot, duly acknowledged and clarified by the NOC issued by the O.P., a copy of which is annexed on page no.24 of the complainant. Despite several e-mails, the complainant did not get any resolution to his grievance.

10. Hence, allowing the Complaint, we hold the O.P. deficient in service and direct the O.P. to refund the amount paid by the Complaint, i.e. Rs.6,50,000/- towards the booked plot along with interest @9% from the date of filing the Complaint, i.e. 14.09.2016 until realisation. No order as to compensation as the interest given in the present Complaint shall adequately serve the ends of justice. However, the O.P. shall pay a sum of Rs.5,000/- towards litigation charges to the complainant.

• Order be complied within 45 days, failing which O.P. shall be liable to pay the entire amount from the date of filing the Complaint,i.e. 14.09.2016, with interest @10% till realisation.
• Copy of this order is to be given dasti to both parties.

The file be consigned to the record room thereafter.