Delhi

North East

CC/84/2023

Inder Singh Adhikari - Complainant(s)

Versus

The Antrix (Victorian County) - Opp.Party(s)

09 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 84/23

 

 

In the matter of:

 

 

		Sh. Inder Singh Adhikari, S/o Lt. Sh. H.SAdhikari R/o B 147, Nehru Vihar, Karawal Nagar Road, Delhi-110094		Complainant
		Versus
	1.           2.	The Antrix, (Victorian County) Plot No. 452, Near SBI Bank, Sector 19, Dwarka, New Delhi-110075   The Antrix Group (Victorian County) Corporate Office at:- 34/C 8, Rohini Sector 8, Near Sector 8, Gurudwara, Delhi-110085 Through its Managing Director Mr. Abhishek Goyat		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		28.03.23 05.04.24 09.07.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against Opposite Parties alleging deficiency in services.

Case of the Complainant                                                                 

1.  The case of the Complainant as revealed from the record is that the Complainant booked a flat in the project namely “Victorian County” in Tower 1, at 7^th Floor, admeasuring 900 sq. ft. having category 2BHK and paid a sum of Rs. 15,100/- towards the initial booking amount vide cheque no. 858823 dated 25.12.14 drawn on ICICI Bank Ltd, Defence Colony, New Delhi in favour of Antrix. The Opposite Party issued welcome letter dated 09.01.15 confirming the booking and asked Complainant to pay the balance 10 % amount within 30 days of the receipt of the said letter and Opposite Party took cheque bearing no. 858824 dated 01.02.15 drawn on ICICI Bank Ltd, Defence Colony, New Delhi amounting to Rs. 3,69,000/-. The Opposite Party had further taken another cheque bearing no. 858825 dated 15.03.15 drawn on ICICI Bank Ltd, Defence Colony, New Delhi amounting to Rs. 3,69,000/- in favour of Antrix. The Opposite Party had taken a sum of Rs. 7,54,000/- the balance was to be paid later on in instalments after the project is approved by the DDA under the Land Pooling Policy subject to the construction begins.The Complainant stated that when the promises were not fulfilled by Antrix as they did not deliver the flat then Complainant requested for refund as per the allotment letter and surrendered his membership/allotment to which the Antrix agreed and asked Complainant for request letter. Thereafter Complainant vide email/letter dated 15^th /16^th July, 2022 surrendered his membership no. VC0068 and requested for refund of his money amounting to Rs. 7,54,000/-and submitted all documents and details along with said communication. The Complainant continuously followed up with Opposite Party regarding his refund and after lot of follow ups the Antrix transferred a sum of Rs. 1,00,000/- in account of Complainant in April 2022 and promised that the balance amount along with interest will be paid/transferred shortly, however, the Antrix failed to refund the balance amount along with interest till date. The Complainant also met manager of the Antrix Ms. Nidhi Sagar regarding refund but she gave false assurance to the Complainant. On 12.09.21 Complainant sent reminder to the Antrix and vide its email dated 13.09.21 the Antrix acknowledged the receipt of application for surrender of membership of his flat and requested the Complainant that it will take time to complete the process. The Complainant also wrote email to Mr. Saurabh Aora, President dated 15.09.21 regarding refund but all in vain.  The Complainant also wrote various emails on different dates to Antrix, which was replied by Antrix vide email dated 21.02.22 and asked to wait till March 2022. The Complainant also wrote email to CMD and President regarding refund but false assurance was given to Complainant that refund is under process. The Complainant also sent legal notice dated 25.02.23 through speed post to the Opposite Parties but all in vain. Hence, this shows deficiency in service on behalf of Opposite Parties. The Complainant has prayed to direct the Opposite Parties jointly and severally to refund the balance amount of Rs. 6,54,000/- with interest 18 % p.a. from the date of its having become due i.e. 15.03.15 till its realisation. The Complainant has also prayed for Rs. 5,00,000/- towards mental harassment and he further prayed to imposing penalty on the Opposite Parties under the Consumer Protection Act, 2019 for committing the unfair trade practice.
2. None has appeared on behalf of Opposite Parties to contest the case despite service of notice. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 05.06.23.

Ex-parte Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant. We have also perused the file and the written arguments filed by the Complainant. The Complainant has filed copy of the receipt/letter dated 25.12.14 sent by the Opposite Party to the Complainant whereby the Opposite Party has acknowledged receiving of Rs. 15,100/- vide a cheque on account of booking of flat Tower no.1, 7th floor (park facing), Area 900 sq. ft. and category 2. The Complainant has also filed the copy of letter issued by the Opposite Parties whereby the Opposite Parties have admitted regarding confirmation of the flat booked by the Complainant. The Opposite Party issued receipt dated 09.01.15 whereby the Complainant paid Rs. 3,69,000/- vide a cheque. Similarly, the Complainant filed copy of receipt dated 17.04.15 whereby the Complainant paid Rs. 3,69,000/- vide a cheque. The Complainant has also filed the photocopies of the said above mentioned three cheques. The Complainant has filed copy of letter dated 15.07.21 whereby he surrendered the membership of the booked flat. The Complainant has also filed copy of email dated 13.09.21 whereby the Opposite Party has allowed the request of the Complainant for surrendering the flat.
5. From the documents referred above and the affidavit filed by the Complainant in his evidence, it is proved that the Complainant has booked a flat with the Opposite Parties and he has paid an amount of Rs. 7,54,000/-. It is also proved that the Opposite Parties did not deliver the flat to the Complainant. The Complainant requested for refund of his money and as per the case of Complainant the Opposite Parties accepted the request of the Complainant for surrender of membership and Opposite Parties also returned an amount of       Rs. 1,00,000/- to the Complainant in April 2022. Now, the Complainant has to take remaining amount of Rs. 6,54,000/- from the Opposite Parties. It is proved that there was deficiency in service on behalf of the Opposite Parties as the Opposite Parties failed to construct/deliver the possession of the flat to the Complainant.
6. In view of the above discussion, the complaint is allowed. The Opposite Parties shall pay jointly and severally an amount of Rs. 6,54,000/- to the Complainant along with interest @ 9 % p.a. from the date of 15.03.15 till the recovery of said amount. The Opposite Parties shall pay jointly and severally an amount of Rs.2,00,000/- on account of mental harassment and an amount of Rs. 25,000/- on account of litigation expenses to the Complainant with interest @ 9 % p.a. from the date of this order till recovery.
7. Order announced on 09.07.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)          Member

(Surinder Kumar Sharma) President