Delhi

North East

CC/4/2022

Surender Kumar - Complainant(s)

Versus

Up Township Infrastructure Pvt. Ltd. - Opp.Party(s)

29 Aug 2023

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.04/22

 

In the matter of:

 

	Mr. Surender Kumar R/o House No. 79, Village Jalpura, Post Kulsehra, Greater Noida, Uttar Pradesh 201014	Complainant
	Versus
	UP Township Infrastructure Pvt. Ltd., Through Its Directors, F-101, First Floor, Plot No. 2/3 Ashish Commercial Complex, LSC, New Rajdhani Enclave, New Delhi 110092 Also At: Gaur Biz Park, Plot No. 1, ABhay khand II Indirapuram, Ghaziabad, Uttar Pradesh 201014	Opposite Party

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

17.01.2022 27.07.2023 29.08.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

                                                           ORDER

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the    Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that in the year 2014, Opposite Party through their agent had approached the Complainant with an offer to book a residential unit in their proposed project “Gaur Atulyam” situated in GH-01A Sector-Omicrom-1, Greater Noida, for an approximate amount of Rs. 35,49,130/- plus taxes. Complainant stated that as per the representation and instructions of the Opposite Party, had duly filed the application form and as per the instructions of the Opposite Party, the Complainant in January 2014 at the time of booking had also made the payment of initial amount of approx. Rs. 3.65 lakhs, which was duly received and acknowledged by the Opposite Party. It is further stated by the Complainant that in July 2014, Opposite Party allotted one residential unit bearing apartment no. 759 on 7^th Floor, Block H to the Complainant in the proposed project. It is further stated that as per the instructions of the Opposite Party, Complainant made the payment of Rs. 2,00,000/- through cheque. It is further stated that as per the instructions and demand of the Opposite Party, on 25.01.2015, Complainant made a payment of RS. 5,00,000/- and on 10.03.2015, Complainant made a payment of Rs. 2,50,000/- to the Opposite Party towards the purchase of the residential unit which were duly received and acknowledged by the Opposite Party. It is further stated that in April 2015, Complainant visited the office of Opposite Party for the purpose of making payment of some amount to the Opposite Party towards the purchase of said unit and also for taking documents from the Opposite Party for the purpose of loan which the Complainant was to take form the bank for making the payment of consideration amount to the Opposite Party. It is further stated that Opposite Party told to the Complainant that his said residential unit has been cancelled and at the same time handed over one ledger account of the Complainant, which was maintained by the Opposite Party and just after 15 minutes the Opposite Party told the Complainant to deposit the amount which he came to deposit. It is submitted that Opposite Party for no reason and in fact despite duly receiving the amount from the Complainant, Opposite Party informed the Complainant that his unit has been cancelled. Complainant strongly objected to the conduct of the Opposite Party to which the Opposite Party apologized. Further the Complainant on the same day, made a payment of Rs. 1,00,000/- to the Opposite Party. Copy of ledger dated 04.04.2015 issued by the Opposite Party showing unit as cancelled and receipt dated 04.04.2015 acknowledging further payments issued by the Opposite Party. Thereafter, the Opposite Party in March 2016 had duly extended the time of the Complainant for making the payment, as due to delay in providing the documents by the Opposite Party. The loan of the Complainant was getting delayed and at the same time the Opposite Party handed over one ledger account of the Complainant which was maintained by the Opposite Party, showing the balance amount of approx Rs. 3.5 lakhs, and assured the Complainant to provide the documents with respect to the above said residential unit for the purpose of loan. It is further stated that due to the failure of the Opposite Party in providing the complete documents, the loan of the Complainant was getting delayed but despite the same the Complainant as per the instructions of the Opposite Party in the month of May 2016 further paid an amount of Rs. 3 lakhs to the Opposite Party towards the purchase of the unit and by then the Complainant had made the payment of Rs. 17 lakhs to the Opposite Party against the purchase of the said unit. It is further stated that immediately after getting getting the sanction letter from the India Bulls Housing Finance, Complainant approached the office of Opposite Party for making the payment of balance consideration amount towards the balancing amount of the said residential unit but it was informed by the office of Opposite Party to the Complainant that the said unit which was allotted by the Opposite Party to the Complainant has been cancelled and the same has been sold by the Opposite Party to the other person. Complainant strongly objected and completely disregarded with the actions of the Opposite Party of cancelling the said unit. It is further stated that the Opposite Party who delayed in providing documents in the first place for the purpose of loan and due to the same only, the Complainant could not submit the complete documents and the said fact has been duly in the knowledge of the Opposite Party and despite knowing the same and in fact the Complainant had been throughout visited and coordinating with the office of the Opposite Party for the purpose of documents and in fact it was the Opposite Party who delayed in provided complete documents to the Complainant and thereafter the Opposite Party themselves cancelled the unit. It is further stated that the Complainant had been continuously contacting, reminding and visiting the office of the Opposite Party and in fact in February, 2021 also requested Mr. Manoj Gaur, the Director of the Opposite Party for refunding the amount deposited by the Complainant but despite the assurance given by the Opposite Party the Opposite Party failed to refund the amount of more than Rs. 18 lakhs to the Complainant which was paid by the Complainant to the Opposite Party on their instructions. Complainant has prayed to direct the Opposite Party to refund the payment of Rs. 18,15,880/- which was deposited by the Complainant along with interest @ 24 % p.a., Rs. 5,00,000/- on account of mental harassment and Rs. 1,00,000/- on account of litigation expenses.
2. None has appeared on behalf of Opposite Party to contest the case despite service of notice. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 29.04.2022.

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. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to pay an amount of Rs. 18,15,880/- to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay an amount of Rs. 2,00,000/- on account of mental harassment and Rs. 10,000/-  on account of litigation expenses to the Complainant along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 29.08.2023.

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