Case No.CC/231/2018

Date of Institution: -07.06.2018

Order Reserved on: - 03.07.2024

           Date of Order: - 29.07.2024

IN THE MATTER OF:

Smt. Chandro Devi @ Chandra Devi

W/o Sh. Khushal Chand,

R/o A-139, Hari Nagar, Saurav Vihar,

Badarpur, New Delhi – 110044.

          …..Complainant

VERSUS

1. PDP Developers (P) Limited

Through MD/Director/AR,

Regd. Office:

309, 3^rd Floor, Vikas Surya Galaxy,

Plot No.9, Ashirwad Chowk, Sector-4,

Dwarka, New Delhi – 110075.

Corporate Office:

Ashirwad Chowk, 312-313, Krishna Mall,

Plot No.-5, Sector-12, Dwarka, New Delhi – 110075.

Also at:

1120, Kirti Shikhar, District Centre, Janakpuri,

New Delhi – 110058.

2. Harit Dhara Projects (P) Limited

Through MD/Director/AR,

Regd. Office:

15 G/F, DSIDC Complex,

Mata SundariRaod, Delhi – 110002.

Also at :

F-17, First Floor, Sector-6, Noida,

Uttar Pradesh – 201301.

Also at:

Infraline Building, 4^th Floor,

A-31, Sector-3, Noida,

Uttar Pradesh – 201301.

..…Opposite Parties

O R D E R

DR. HARSHALI KAUR, MEMBER

1. Lured by the advertisement floated by the OP towards the ongoing Township Project “Tonk Square, District Tonk, Jaipur” in various newspapers, brochures, and hoardings inviting the consumers to book plots, the Complainant booked a residential plot no. G-18, Project Tonk Square, Tonk Road, NH-12, Tehsil Niwai, District Tonk, Jaipur, Rajasthan, measuring 100 sq. yd. at the cost of Rs.650/- per sq. yd. The total cost of the plot was Rs.75,700/-.
2. The Complainant states that she was assured by OP-1that they had all the requisite approvals for the project and would develop the same within 2 years of booking. Further, the developed plot would be handed over with basic amenities, built on a lush verdant habitat amidst golden sand in a 105-acre integrated township with 900 residence units surrounded by reputed schools, universities, and institutions.
3. The Complainant paid Rs.16,000/- vide cheque no. 0334475 dated 01.01.2009 drawn on HDFC bank towards booking of the plot. A copy of the receipt for the payment of Rs.16,000/- is duly filed on page no. 28 of the complaint. The OP issued a letter dated 27.01.2009 alongwith a provisional allotment with customer code TS/0045. An agreement was executed thereafter on 17.02.2009,and the Complainant opted for the payment plan wherein she was to pay 14 instalments towards the balance payments as and when the demand would be raised by the OP-1.
4. The Complainant paid 2 instalments amounting to Rs.2500/- per the OP’s demand on 24.05.2010 and 23.06.2010, respectively. After this, OP-1 did not raise any other payment demand towards the booked plot. The Complainant repeatedly inquired about the status of the project township but was given vague commitments and false assurances.
5. In June 2015, the Complainant’s son visited the proposed project site and was shocked to note the dire situation of the project. The Complainant immediately approached the higher officers of OP-1, seeking explanations for the slow pace of the project, to no avail. She finally approached the OP in February 2018 requesting a refund of her hard-earned money paid asconsideration amount towards the booked plot.
6. When OP-1 did not take any concrete steps to resolve the Complainant’s grievance, the Complainant filed the present complaint allegingdeficiency in service on the part of OP-1. She also made OP-2 a necessary party as she learned that OP-1 had handed over/collaborated in the project in which herplot was booked,which was also the sister concern of OP-1.
7. The Complainant has sought direction to the OPs to refund the entire deposited amount of Rs.21,000/- (Rupees Twenty One Thousand) with future and pendent lite interest @ 18% p.a. from the last date of payment till realization. Rs.1,00,000/- (written erroneously in words as Rs.5 Lakh in the complaint) towards compensation for mental agony and harassment and Rs.25,000/- towards litigation cost.
8. Notice was issued to the OPs who did not appear before this Forum despite adequate service, proof of which was filed by the Complainant. Hence, the OPs were proceeded Ex-parte. The Complainant’s AR Sh. Kamal filed Ex-parte evidence and written arguments. The Complainant did not appear despite several opportunities to address oral arguments and thus, we felt it prudent to decide the present case based on material on record. Hence, order was reserved.
9. We have carefully considered the facts and circumstances of the present case and have also perused the documents placed on record by the Complainant to substantiate her averments.
10. Admittedly, the Complainant paid the consideration amount of Rs.16,000/-.Page no. 28 of the complaint is the copy of the receipt towards booking of the plot measuring 100 sq. yd. developed by OP-1 by the name of  “Tonk Square, District Tonk, Jaipur” Tonk Road, NH-12, Tehsil Niwai, District Tonk, Jaipur, Rajasthan. She thereafter paid Rs.2500/- in two instalments against the 14 instalments to be paid by her towards the total cost of the plot on 24.05.2010 and 23.06.2010. Page 31 &32 of the complaint are the copy of the receipts issued by the OP-1 towards the aforementioned payments. OP-1 issued the provisional allotment letter dated 27.01.2009(Page 29 of the complaint).
11. When the son/AR of the Complainant visited the site where the project was being developed, he was surprised and distressed at the slow pace of the development of the project in which the Complainant had booked the plot. The Complainant immediately contacted OP-1 employees who gave false assurances and commitments regarding the handover of her plot with all basic amenities.
12. Inspite of waiting patiently for a clarification on the status of her booked plot when the OP neither sent any demand for payment of the next instalment nor apprised the Complainant towards the handover of her booked plot, the Complainant issued a legal notice to the OP dated 24.04.2018 after booking the plot on 01.01.2009, i.e. almost after 9 years of booking the plot in question. She thereafter filed the present complaint before this Commission.
13. Since the OPs are Ex-Parte, we have no reason to disbelieve the Complainant’s averments, which she has proved on record and which remain unrebutted and uncontested. Further, the averments of the Complainant are duly supported by the documents filed by her.
14. So far asOP-2 is concerned, we do not find any cogent evidence on record to show that OP-1 is the sister concern of OP-2 or that OP-2 had any stake in OP-1. Hence, we do not find OP-2 liable to compensate the Complainant in the present case and absolve OP-2 from any liability fixed in the present case.
15. In light of the discussion above, we direct OP-1 alone to refund the consideration amount of Rs.21,000/- (Rupees Twenty-One Thousand) paid by her to OP-1 towards the booked plot in the OP-1 project alongwith interest @ 9% p.a. from the date of filing this case, i.e. from 07.06.2018 till realization. OP-1 shall also pay Rs.50,000/- (Rupees Fifty Thousand) towards compensation and harassment faced by her, inclusive of litigation costs.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 29.07.2024.