CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/474/17

          Date of Institution:-    16.10.2017

          Order Reserved on:- 01.05.2024

          Date of Decision:-      08.05.2024

IN THE MATTER OF:

Smt. IshwariManjani,

K-98, First Floor,

Lajpat Nagar-II,

New Delhi - 110024

.….. Complainant

VERSUS

M/s Om Sainath Colonizers

Plot No.65, Sector-12A,

Near BAL Bharti Public School,

Dwarka, New Delhi - 110075

.…..Opposite Party

Suresh Kumar Gupta, President

1. The complainant has filed the complaint under Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations thatSh. Sahib, Representative of OP, has persuaded him upon which Plot No.8 measuring 300 sq. yds. on 100 ft. wide road in SaiDhaam, Village Baroni, Near Niwai City, Jaipur-Tonk Road, National Highway 12, Jaipur was booked for Rs.375000/-. He has paid a sum of Rs.27000/- vide cheque dated 24.09.2013 as a booking amount and receipt dated 24.09.2013 was issued by OP. The OP has confirmed the booking code no.SD-9275 vide letter dated 18.10.2013. The representative of OP has collected monthly installments of Rs.11869/- from October, 2013 till August, 2015 from him. On 03.04.2015, the representative told that he will come with the document regarding passing of the colony and expected date of possession. On 31.08.2015, Sh. Satish came to collect the next installment but thereafter nothing was heard from OP till 05.10.2015. On 06.10.2016, the representative of the OP, came to collect the next installment upon which she handed letter dated 06.10.2015 to the effect that she has already paid a sum of Rs.3 lakh but there is no sign of giving possession of the plot to him. No reply was received from the OP qua this letter. A legal notice dated 19.07.2016 was issued to the OP but in vain. Another legal notice dated 06.03.2017 was issued to the OP which was replied on 20.04.2017. There is no response to the OP about the date of handing over the possession. Hence, this complaint.
2. The OPdid not file the reply. The OP failed to appear in the Commission and accordingly proceeded ex-parte on 19.02.2018.
3. The complainant has filed her own affidavit in ex-parte evidence wherein she has corroborated the version of complaint and placed reliance on the documents Annexure-A to J annexed with the complaint.
4. We have heard Ld. Counsel for the complainant and perused the entire material on record.
5.  The perusal of the Annexure-B and B1 shows that complainant has booked a Plot No.8 measuring 300 sq. yds. on 100 ft. wide road in SaiDhaam, Village Baroni, Near Niwai City, Jaipur-Tonk Road, National Highway 12, Jaipur with OP for a sum of Rs.375000/- out of which Rs.27000/- was paid as earnest money. Annexure-C1 is the receipt regarding the receipt of the payment of Rs.27000/- for the complainant. The OP has issued allotment letter Annexure-C to the complainant. The complainant has paid the installments from 29.10.2013 till 03.09.2015amounting to Rs.2,88,118/-. The complainant has written letters to the OP to supply lay out plan/sanctioned plan and possession of the plot but there was no response from the OP and ultimately legal notice Annexure-A dated 06.03.2017 was issued to the OP to do the needful which was duly replied by the OP vide letter dated 20.04.2017 Annexure-J.
6. The perusal of the entire material on record shows that complainant has deposited Rs.288118/- with the OP but OP has neither gave the possession of the plot nor refunded the said amount with interest to her. The OP has retained the money of the complainant without giving possession of the plot against balance payment. There is delay on the part of OP to give possession of the plot to the complainant. The complainant cannot wait for years together to take the possession of the plot. The delay in giving the possession of the plot even led to mental harassment and agony. This tantamountsto unfair trade practice as well as to deficiency of service.
7. In view of our aforesaid discussion, the complaint of the complainant is allowed to the effect that OP shall pay a sum of Rs.2,88,118/- along with an interest @9% from the date of legal notice i.e. 20.04.2017 till its realization. Thecomplainant is entitled for compensation of Rs.25,000/- for mental harassment and agony and Rs.15,000/- for litigation expenses. The OP is directed to comply with the order within 45 days from the receipt of the order failing which complainant will be entitled for interest @7% p.a. on the amount of mental harassment, agony and litigation charges i.e. 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 08.05.2024.