Case No.CC/75/2016

Date of Institution:-01.04.2016

Order Reserved on :- 24.07.2024

           Date of Order :-06.09.2024

IN THE MATTER OF:

Sh. Ankit Kalra

S/o Late D.N. Kalra,

R/o B-4/200, Safdarjung Enclave,

New Delhi – 110029.

          …..Complainant

VERSUS

PDP Developers Pvt. Ltd.

Regd. Office : 304, Krishna Mall,

Plot No.-5, Sector-12, Dwarka,

New Delhi -110075.

Corporate Office :

312-313, Krishna Mall,

Plot No.5, Sector-12,

Dwarka, New Delhi – 110075.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatOP had advertised for sale of plots of various sizes in the proposed residential project known as “PDP Green” at Baroni, NH-12, Jaipur – Tonk Road, Rajasthan. The OP has portrayed a very rosy picture of the said residential project and handed over the information brochure and common application form to the complainant. Copy of the said information and brochure is annexed as Annexure C-1.  On the assurance of OP, the complainant submitted an application form to the OP and paid Rs.25,000/- to the OP  towards booking of two plots namely plot no. B-038 and B-039 of sizes 266.66 sq. yd.   The OP has issued receipts, which are annexed as Annexure C-2 (Colly). OP has issued allotment letters in the name of complainant and buy-back agreement. Copy of the same are annexed as Annexure C-3. The complainant has made paymentsto the OP in the month of March and June, 2011 towards booking of the said two plots and receipt of whichwas duly issued by the OP. Copy of the said receipts dated 08.03.2011 & 14.06.2011 are annexed as Annexure C-4 (Colly). The complainant has paid total amount Rs.2,90,000/- (Rupees Two Lakh Ninety Thousand) to the OP towards booking of said two plots.  The OP has informed the complainant that the possession of said two plots would be delivered within a period of six months vide letter dated 30.07.2013. The complainant has requested the OP for delivery of said two plots but every time OP has assured the complainant the delivery of said plot would be handed over to the complainant shortly. The OP has neither conveying the status of the said plot nor showing willingness to refund the amount deposited by the complainant.  The complainant has prayed for refund of Rs.2,90,000/- (Rupees Two Lakh Ninety Thousand) alongwith Rs.50,000/- for mental and physical agony and litigation charges.
2. Notice was served to OP. OP put his appearance on 09.12.2016 and thereafter did not contest the case. OP has not filedthe written statement despite several opportunities and imposing ofcost. Hence, the defence of OP was struck off vide order dated 21.04.2017. 
3. The complainant has filed affidavit in evidence and written arguments in support of his case.
4. On 24.07.2024,the case was listed for arguments and we have heard the Ld. Counsel Ms. Anamika for the complainant and the order was reserved.
5. We have carefully considered the material on record and thoroughly.
6. It is the case of the complainant that he has booked two plots proposed residential project known as “PDP Green” at Baroni, NH-12, Jaipur – Tonk Road, Rajasthan.On the assurance of OP, the complainant submitted an application form to the OP and paid Rs.25,000/- to the OP  towards booking of two plots namely plot no. B-038 and B-039 of sizes 266.66 sq. yd.   The OP has issued allotment letters in the name of complainant and buy-back agreement. The complainant has made payments to the OP in the month of March and June, 2011 towards booking of the said two plots and receipt of which was duly issued by the OP.  The complainant has paid total amount Rs.2,90,000/- (Rupees Two Lakh Ninety Thousand) to the OP towards booking of said two plots.  The OP has informed the complainant that the possession of said two plots would be delivered within a period of six months vide letter dated 30.07.2013. The complainant has requested the OP for delivery of said two plots but every time OP has assured the complainant the delivery of said plot would be handed over to him shortly. The OP has neither conveying the status of the said plots nor showing willingness to refund the amount deposited by the complainant.
7. It is the case of the complainant that when he did not get the possession of the plots so sought the refund of the deposited amount, but the same has not been refunded by the OP despite repeated requests.  It is his case that this conduct of the OP amounts deficiency in service and unfair trade practice. Non-delivery of the possession of the plots on receipt of the booked amount within a reasonable time amounts to deficiency in service.

“Supreme Court Judgment in the case of Kolkata West International City Vs. Devasis Rudra dated 25.03.2019 Civil Appeal 3182/2019 is an authority on this point.”

8. It is the case of the complainant that when he did not get the possession of the plots, he asked for refund the deposited amount but the same has not been refunded by the OP.   The allegations made by the complainant have gone unchallenged, unrebutted and uncontested and as such whatever has been placed on record is believed.
9. From the facts of the case and evidence placed on the record, it is clear that receipt of the deposit amount of Rs.2,90,000/- from the complainant, the OP has neither handed over the possession of the plots nor refunded the amount to the complainant and this act apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
10. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.2,90,000/- (Rupees Two Lakh Ninety Thousand)alonwth interest @ 6% p.a. from the date of deposited amount and Rs.50,000/- (Rupees Fifty Thousand)as lumpsum for mental harassment and litigation charges to the complainant within 45 days from date of receipt of order failing which the OP shall be liable to pay the entire amount with interest @ 9% p.a. till realization.

• 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 06.09.2024.