CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/245/22

          Date of Institution:-    08.08.2022

          Order Reserved on:- 07.02.2024

          Date of Decision:-      28.05.2024

IN THE MATTER OF:

Amt. Abha Rani

W/o Sh. Braj Kishore Prasad,

R/o H. No. RZH-192/1, Gali No.7,

Chhotu Ram Marg, Raj Nagar-II,

Palam Colony, New Delhi - 110077

.….. Complainant

VERSUS

The Director

Elite Fore Pvt. Ltd.

Corporate Office At:

Unit No.203 & 205, Second Floor,

Plot No.3, Pocket – 6, Best Arcade,

Sector-12A, Dwarka, New Delhi - 110075

.…..Opposite Party

Suresh Kumar Gupta, President

1. The complainant has filed the complaint under section 12 of Consumer Protection Act, 1986 (hereinafter referred to as Act) with the allegations that OP is involved in real estate business which has floated a scheme namely “Elite Homez” for residential purpose in L-Zone Delhi in March, 2019. She has booked one 3 BHK flat measuring 1235 sq. ft. @3400 sq. ft. and paid Rs.1 Lakh vide reference no.EH/516A/3032019. She has subsequently paid Rs.420000/- vide reference no.EH/516A/ dated 11.05.2019. The OP has processed EOI application and handed over EOI letter to her to the effect that property is free from all sorts of encumbrances. She has made efforts to ascertain the progress of the project but without any vain so she asked for the refund from OP in December, 2020. The OP has issued two cheques of Rs.1 lakh and Rs.2 lakh out of which cheque of Rs.1 lakh was honored and cheque no.001190 dated 30.12.2020 of Rs.2 lakh drawn on Bandhan Bank Dwarka in her favour was dishonored due to insufficient funds vide memo dated 01.01.2021 upon which she informed the OP and requested for the return of Rs.420,000/-. A legal notice dated 20.05.202 was sent to OP which was duly received on 25.05.2022. The OP has not returned the amount. Hence, this complaint.

2. The OP was duly served but absent and accordingly proceeded ex-parte on 24.02.2023.

3. The complainant has filed her own affidavit in ex-parte evidence wherein she has corroborated the version of the complaint and placed reliance on the documents annexed with the complaint.

4. We have heard the Ld. Counsel for the complainant and perused the entire material on record.

5. The perusal of the file shows that the complainant has booked a flat in the project “Elite Homez” of the OP and paid Rs.1 lakh which was acknowledged vide letter 30.03.2019 annexure-A1. The complainant has paid a sum of Rs.4,20,000/- till 11.05.2019 as clear from Annexure-A2. The OP has received a sum of Rs.5,20,000/- and issued letter of intent Annexure-A3.
6. There was no progress in the flat and accordingly complainant demanded refund of the amount paid by her upon which OP has issued two chequs of Rs.1 lakh and Rs.2 lakh.  A cheque of Rs.1 lakh was encashed whereas cheque of Rs.2 lakh annexure-A4 was dishonored vide memo Annexure-A5. The complainant has demanded the refund of Rs.4,20,000/- from the OP but in vain upon which a legal notice dated 22.05.2022 Annexure-A6 was issued to the OP by speed post Annexure-7. The notice was duly served upon the OP as cleared from tracking report Annexure-A8.

7. There was no progress in delivering the possession of flat to the complainant. The OP has taken Rs.5,20,000/- from the complainant out of which Rs.1 Lakh was returned whereas balance amount was not returned though cheque of Rs.2 Lakh was dishonored. The legal notice did not bring any result.

8. There was no progress towards the delivery of flats to the complainant. The amount of Rs.4,20,000/- due to the complainant was not returned back. All this shows that there was not only deficiency of service but OP also indulged in unfair trade practice.

9. In view of our aforesaid discussion, the complaint of the complainant is allowed to the effect that OP shall pay a sum of Rs.4,20,000/- along with an interest @7% from the date of filing the complaint i.e. 08.08.2022to the complainant till its realization. The complainant is entitled for compensation of Rs.15,000/- for mental harassment and agony and Rs.15,000/- for litigation expenses. The OP is directed to comply with the order within 45 days from the receipt of the order failing which complainant will be entitled for interest @7% p.a. on the amount of mental harassment, agony and litigation charges i.e. from the date of order till its realization.

• A copy of this order is to be sent to all the parties as per rule.
• File be consigned to record room.
• Announced in the open court on 28.05.2024.