The present complaint has been filed by Sajna Devi against the opposite parties namely Servehit Housing & Infrastructure India Ltd., Near Bus Stand, Sardulgarh Road Mansa, Distt. Mansa, Punjab through its Managing Director/Director/Authorised Signatory, Sukhminder Singh, Director of Servehit Housing & Infrastructure India Ltd., R/o Village Singhpura Distt. Sirsa, Haryana, Balbir Singh Saini Director of Servehit Housing & Infrastructure India Ltd., R/o Band Gate, Near Dhanak Dharamshalla, Sirsa now at Mansa, Haryana and Surjeet Kumar Director of Servehit Housing & Infrastructure India Ltd., R/o Village Mirpur, P.O.F. Khairekan Sirsa, Haryana alleging that the OPs are in the business of Real Estate Development and they launched a colony under the name and style of “Servhit Housing. The complainant booked a showroom in their project situated at Near Bus Stand, Sardulgarh Road, Mansa measuring 100 sq.Yd for a sum of Rs. 12,00,000/-. The OPs promised the complainant to deliver the possession of the showroom alongwith all basic amenities within a period  of four years from the receipt of earnest money. The complainant has made payments to the tune of Rs. 80,000/-,Rs. 3,00,000/- and Rs. 1,20,000/- vide receipts dated 14.7.2010, 16.11.2010 and 16.11.2010 respectively. The complainant further alleged that the OPs have  abandoned the project and left it mid-way and she visited the office of Ops to allot the unit but to no avail. Thus the OPs have intentionally and willfully violated the provisions of the PAPRA 1995 and RERA 2016 and the said violations are still in continuation. The complainant visited the project in the last week of March, 2020 and was shocked to see that the OPs have even removed their signboards and hoardings from project and the Directors of the OP company are also absconding and untraceable and their presence is wanted in many cases pending against them all over the nation. The OPs has usurped the hard earned money of the complainant and has thus caused mental loss, financial loss, stress etc. The act and conduct of the OPs show that they have indulged in unfair trade practice and are also deficient in rendering service. Hence the present complaint has been filed by the complainant for a direction to the OPs to refund an amount of Rs. 5,00,000/-  alongwith interest @ 24% compounded annually from the date of deposit till the realization of the said amount and a sum of Rs. 5,00,000/- as compensation for undue mental stress, anxiety, uncertainty physical and mental harassment alongwith a sum of Rs. 21,000/- as cost of litigation.

Upon notice, none has appeared on behalf of OPs. Therefore, OPs were proceeded against exparte vide order dated 11.11.2021.The complainant has led her evidence by tendering documents Exhibit C-1 to C-4.

Written arguments submitted by complainant. We have heard learned counsel for complainant and have gone through the file very carefully.

The receipts placed on the file given by the OPs in token of the money received from the complainant does not show any terms and conditions of the project and the situation of the project. The receipts only show that a plot has been booked by the complainant. It has been written therein that the terms of booking and allotment shall be governed by the terms of Rule Book,agreement and General Terms and Conditions printed overleaf. But the Commission has found no terms of booking and allotment or any terms of rule book, agreement and general terms and conditions printed on any of the three receipts placed on file as evidence. Apart from that no other document has been filed showing any terms and conditions of the allotment of the plot and the project report etc.

In the absence of the project report in which the complainant booked the plot and further in the absence of any terms and condition placed on the file by the complainant, the Commission is unable to find out any deficiency in service or unfair trade practice on the part of the OPs. In view of the above facts and circumstances of the case enumerated above, the complaint stands dismissed being devoid of any merit. Copies of the order be supplied to the parties free of charges under the rules and file be consigned to record.