1. Rajiv Kumar aged about 45
2. Sanjeev Kumar aged about 44 years

s/o Shri Shiv Kumar Gupta Promad Kumar Varshney age about 48 year s/o Shri Shiv Kumar Gupta R/o 2/232 Shanti Villa, near Varun Hospital, Vishnupuri, Aligarh

                                           V/s

1. Shri Shadab Khan aged about 50 years Managing Director/Director ,M/s Earthcon Constructions Pvt. Ltd. Corporate Office B-11, Sector-1, Noida (Gautambudh Nagar) UP
2. M/s Earthcon Constructions Pvt. Ltd. Corporate Office B-11, Sector-1, Noida (Gautambudh Nagar) UP through its Managing Director/ Director Shri Shadab Khan
3. Shri S.K. Bansal CEO M/s Earthcon Constructions Pvt. Ltd. Corporate Office B-11, Sector-1, Noida (Gautambudh Nagar) UP
4. Shri Raja Bhattacharya General Manager/Commericial M/s Earthcon Constructions Pvt. Ltd. Corporate Office B-11, Sector-1, Noida (Gautambudh Nagar) UP

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for following reliefs:-

1. Op be directed to pay a sum of Rs. 750000 paid by the applicant to the ops for flat with interest at the rate 36% per annum from the date advancing the amount till the date of actual payment.
2.  Op be directed to pay a sum of Rs 500000 on account of damages for negligence deficiency in service and man practice .
3. Op be directed to pay a sum of Rs 250000 for mental torcher and agonoy, Rs.11000  Cost of notice and Rs.11000 cost of rely notice.

2. Complainant has stated that op had launched a project to construct a multistory group housing society at Tala Nagari, Ramghat road, Aligarh under the name and style CASA Green. Complainant book a flat no A701 at 7^th floor in tower A and deposited a sum Rs.150000 vide cheque dated 10.4.2012 and further paid Rs.150000 through cheque dated 13.4.2012. Thereafter a sum of Rs.100000 was paid on 10.5.2012 in cash by the complainant no.2 and thereafter cash Rs.150000 paid on 1.8.2012  and Rs.200000 through cheque on 1.8.2012. Ops informed that the Tower A would be completed within two year from the date of booking but no construction was done except  laying the foundation stone. Ops adopted unfair trade practice for snatching the money from the complainants and the liable to pay as damages for negligence and deficiency in service. Complainants have suffered mental agony and torcher and are entitled for damages rs.250000 and Rs.50000 incidental   cost and damages and Rs.11000 cost of notices and rs.111000 cost of reply notice and refund of the amount rs.750000 with interest 36% per annum.         
3. Ops stated in WS that Op no.1 Sadab Khan is a Managing Director of M/s Earthcon Construction Pvt. Ltd. and is a repudiated real Estate Developers. OP no.2 is company. OP no.3 is CEO of the company and Op no.4 general manager of the Company. The reply being filed by Shadab Khan authorized by the all the parties. Complainant had booked a flat A701 at 7th floor in the project CASA GREEN with the Op no.2 and construction was under taken through collaboration agreement between op no.2 and M/s Maha Maya Infra build Pvt. Ltd. A dispute arose which resulted shutting down the construction. OP invoked an arbitration clause of the agreement and arbitration proceeding is still pending before the sole arbitrator the unfortunate situation occurred with any fault of the Ops and they are trying resume the construction at the project site. Complainant has paid the amount Rs.750000 and ops have incurred the expenses at the property at Rs.81217671 which has now come to stand still.          

4. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit and papers in support of their pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Admittedly, Complainants had booked a flat at the project launched by the Ops at paid the amount Rs.750000 but the flat was not constructed within the agreed period and the ops committed breach of contract and are liable to pay compensation in terms of interest @ 18% per annum on the amount Rs.750000 from date of making payment by 1.8.2012 till the date of actual payment with the refund of the amount Rs.750000. Ops are also lable to pay compensation Rs.25000 for harassment and Rs. 20000 cost of litigation.    
8. The question formulated above is decided in favor of the complainant.
9. We hereby direct the Ops to refund the amount Rs.750000 with interest @ 18% per annum from 1.8.2012 to till the date of actual payment, compensation Rs.25000 for harassment and Rs. 20000 cost of litigation
10. Ops shall comply with the direction within 30 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.