Case No.CC/211/2022

Date of Institution:-25.07.2022

Order Reserved on :-11.09.2024

           Date of Order :-17.09.2024

IN THE MATTER OF:

Sh.Kaushik Raman

S/o Sh. Prafulla Kumar,

R/o B-1, Mithila Apartment,

Uttam Nagar, West Delhi,

Delhi – 110059.

          …..Complainant

VERSUS

Revanta Multi State CGHS Ltd.

Through its Director,

Kh. No. 16/14, 17/2,

Major Bhola Ram Enclave,

Pochanpur Village,

Dwarka, Sector-23,

New Delhi – 110077.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatOP had lured the complainant with respect to purchase of flat in the project namely ‘AdhikaryAwasYojna’, Revanta Housing Scheme situated at near NirmalDham, L Zone, Chhawla, Dwarka, New Delhi.  The OP had asked the complainant to make payment as token amount to book the said unit for purchase i.e. admission fees, share money, annual operation charges which was amounted to Rs.1,000/-, Rs.1,000/- and Rs.4,000/- respectively.  The complainant had paid the above said amounts to a total of Rs.6,000/-.  The complainant has also paid Rs.20,000/- for registration of the said unit via online vide transaction ID 1570944897800511024 to the OP. Copy of the payment receipt is annexed as Annexure C/1. The lucky draw was held on 16.10.2019 and result out on the same day and the complainant’s application was selected on the lucky draw. The complainant has paid Rs.4,09,000/- (Rupees Four Lakh Nine Thousand) to the OP vide cheque bearing no. 000006 dated 20.10.2019 drawn on HDFC bank. A copy of cheque dated 20.10.2019 is annexed as Annexure C/2.  After some days the complainant had again received the message of lucky draw wherein the same details were mentioned which was previous communicated by the OP to the complainant with respect to the said unit of the same said project on the mobile no. 9910870567.  The complainant was confused that how again a lucky draw can be carried out another time as once already performed for the same project, the complainant had visited the corporate office of the OP situated at Plot No. 23, Second Floor, Sector-23, Dwarka, New Delhi but no proper answer was provided by the officials of OP. The complainant came to know that the OP has cheated so many customers.  The complainant has visited the office of OP and requested to cancel the membership against the said unit. The officials of OP had informed the complainant to make the formal representation for withdrawal of membership.  The complainant moved a formal representation on 28.11.2019 vide emailand requested the OP for refund of Rs.4,29,000/- (Rupees Four Lakh Twenty Nine Thousand).  The OP has failed to provide the possession of flat and have not refunded deposited money to the complainant. The complainant has sent a legal notice dated 11.11.2020 for refund of his deposited amount but no response was given by the OP. Copy of legal notice dated 11.11.2020 alongwith receipts are annexed as Annexure C/5. The complainant has prayed for refund of Rs.4,35,000/- (Rupees Four Lakh Thirty Five Thousand) with interest @ 12% p.a. alongwith Rs.2,00,000/- towards compensationand any other relief which may deem fit and proper in favour of complainant.
2. Notice was served to OP but OP did not attend the proceedings before this Commission and OP was proceeded Ex-Parte vide order dated 28.10.2022. 
3. The complainant has filed Ex-parte evidence and written arguments in support of his case.
4. On 11.09.2024, the case was listed for arguments and we have heard Sh. PritamBiswas, Ld. Counsel for complainant.  Hence, 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 was lured to purchase of flat by the OP in the project namely ‘AdhikaryAwasYojna’, Revanta Housing Scheme situated at near NirmalDham, L Zone, Chhawla, Dwarka, New Delhi.  The OP had asked the complainant to make payment as token amount to book the said unit for purchase i.e. admission fees, share money, annual operation charges which was amounted to Rs.1,000/-, Rs.1,000/- and Rs.4,000/- respectively.  The complainant had paid the above said amounts to a total of Rs.6,000/-.  The complainant has also paid Rs.20,000/- for registration of the said unit via online vide transaction ID 1570944897800511024 to the OP. The lucky draw was held on 16.10.2019 and result out on the same day and the complainant’s application was selected on the lucky draw. The complainant has paid Rs.4,09,000/- to the OP vide cheque bearing no. 000006 dated 20.10.2019 drawn on HDFC bank.  After some days the complainant had again received the message of lucky draw wherein the same details were mentioned which was previous communicated by the OP to the complainant with respect to the said unit of the same said project on the mobile no. 9910870567.  The complainant was confused that how again a lucky draw can be carried out another time as once already performed for the same project, the complainant had visited the corporate office of the OP but no proper answer was provided by the officials of OP. The complainant came to know that the OP has cheated so many customers.  The complainant has visited the office of OP and requested to cancel the membership against the said unit. The officials of OP had informed the complainant to make the formal representation for withdrawal of membership.  The complainant moved a formal representation on 28.11.2019 vide email and requested the OP for refund of Rs.4,29,000/- (Rupees Four Lakh Twenty Nine Thousand).  The OP has failed to provide the possession of flat and have not refunded deposited money to the complainant. The complainant has sent a legal notice dated 11.11.2020 for refund of his deposited amount but no response was given by the OP.
7. It is the case of the complainant that when he did not get the possession of the flat 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 flat 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. DevasisRudra 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 flat, 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.4,35,000/- 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.4,35,000/- (Rupees Four Lakh Thirty Five Thousand) alonwth interest @ 6% p.a. from the date of deposited amount and Rs.1,00,000/- (Rupees One Lakh)as lumpsumfor 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 17.09.2024.