IMPORTANT POINT
False assurance of time delivery of possession – Opposite Parties are deficient in providing its services to the Complainants as the Opposite Parties had given false assurance to the Complainants with respect to the time for delivery of possession of the flat and had kept the hard-earned money of the Complainants for about 09 years.

JUDGMENT

Dr. Sangita Dhingra Sehgal, (President).—The present Consumer Complaint has been filed before this Commission under Section 17 of the Consumer Protection Act, 1986, seeking the following reliefs:

(a) “Direct the Opposite Party to refund sum of Rs. Rs.11,92,854/- (Rupees Eleven Lakh Ninety Two Thousand Eight Hundred Fifty Four Only) being the amount deposited by the Complainants with the Opposite Party along with interest @ 24% per annum, with effect from the date of payment made towards the booking amount of the said flat till the date of the actual refund made by the opposite party.

(b) Restrain the Opposite Parties:

(i) from making further illegal demand of money and charging any interest on the illegal demand to the Complainant; and/or;

(ii) from illegally cancellation of the allotment of the booked apartment, and/or;

(iii) from forfeiture of the money paid by the Complainant, and/or;

(c) Direct the Opposite Party to pay Rs. 10,00,000/- (Rupees Ten Lakh) towards mental trauma, harassment and hardships suffered by the Complainants;

(d) Direct the Opposite Party to pay a sum of Rs. 2,00,000/- (Rupees Two Lakh Only) to the Complainants towards the cost of litigation; and

(e) Pass any other or further relief in favour of the Complainants and against the Opposite Party which this Hon’ble Commission may deem fit, just and proper in the facts and circumstances of the case.”

2. Brief facts necessary for the adjudication of the present complaint are that the Complainants booked a flat bearing no. E8-305, 3rd Floor, Tower No. E8 admeasuring 1450 sq. ft. in the project of the Opposite Parties namely ‘Parsvnath Exotica’ at Ghaziabad, Uttar Pradesh. Thereafter, the Opposite Parties entered into a Flat Buyer Agreement dated 19.07.2013 with the Complainants and an advance amount of Rs. 6,12,235/- was paid by the Complainants at the time of agreement. The Opposite Parties assured the Complainants that as per the clause 10 (a) of builder buyer agreement, the construction of the said flat shall be completed within 36 months from the date of commencement of construction of the particular tower in which the flat in question is situated with a grace period of six months. However, the Opposite Parties failed to complete the construction of the project till today. The Complainants over the time had paid a sum of Rs. 11,92,854/- to the Opposite Parties.

3. The Complainants also requested the Opposite Parties to refund the amount deposited by them with interest but was of no avail. Thus, left with no other option, alleging deficiency of service and unfair trade practice on the part of the Opposite Parties, the Complainants approached this commission.

4. The Opposite Parties have contested the present case and have raised some preliminary objections as to the maintainability of the complaint case. The counsel for the Opposite Parties contended that the present complaint filed by the Complainants is devoid of any cause of action. The counsel for Opposite Parties further contended that the present dispute pertains to the recovery of amount and therefore, the present complaint should be adjudicated by a civil court. Pressing the aforesaid preliminary objections, the counsel appearing on behalf of the Opposite Parties prayed that the present complaint should be dismissed.

5. The Complainants have filed their Rejoinder rebutting the written statement filed by the Opposite Parties. Thereafter both the parties were directed to file their Evidence by way of Affidavit and written arguments vide the order dated 22.02.2021 and 25.01.2022 in order to prove their averments on record. The evidence by way of affidavit and written arguments have been duly filed by the Complainants. However, the Opposite Parties failed to file its evidence by way of affidavit and written arguments despite the given opportunities to file the same. Henceforth, vide the order dated 08.03.2022, right of the Opposite Parties to file evidence by way of affidavit and writt