NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

CONSUMER COMPLAINT NO. NC/CC/450/2019

COMMANDERS GATEWAY HOMEBUYERS WELFARE ASSOCIATION

PRESENT ADDRESS - A-103, PREM DREAMS CHS LTD., , KURAR VILLAGE, MALAD EAST, ,

TANAJI NAGAR, ROAD NO. 1, BANDONGRI, , MUMBAI,MAHARASHTRA.

.......Complainant(s)

Versus

M/S. JUPITER INFRASTRUCTURE BANGALORE PVT. LTD. AND ORS.

PRESENT ADDRESS - FLAT NO. 003, GROUND FLOOR, , OPP. AXIS BANK, NEW PANVEL-

MATHERAN ROAD, , PLOT NO. 29, NEEL AGAN BUILDING, SECTOR-19, NEAR HDFC

CHOWK, , RAIGAD,MAHARASHTRA.

M/s Valji Gokuldas & Sons

PRESENT ADDRESS - Shop No. 13, Plot No. 67, Hermes Centre, Sector-17, Vashi, , Navi

Mumbai-400705

M/s Laxmi Enterprises

PRESENT ADDRESS - 67/13, Hermes Centre, Sector-17, Vashi, , Navi Mumbai-400705

M/s Thakkar Realties Pvt.Ltd

PRESENT ADDRESS - 67/13, Hermes Centre, Sector-17 Vashi , Navi Mumbai-400705

.......Opposite Party(s)

BEFORE:

HON'BLE MR. BINOY KUMAR , PRESIDING MEMBER

HON'BLE MRS. JUSTICE SAROJ YADAV , MEMBER

FOR THE COMPLAINANT:

NEMO

FOR THE OPPOSITE PARTY:

NEMO

DATED: 23/04/2025

ORDER

Binoy Kumar, Presiding Member

1. The present Consumer Complaint i.e. CC/450/2019 has been filed under Section 21(a)(i) of the Consumer Protection Act, 1986 (for short “the Act”) by Commander’s Gateway Homebuyers Welfare Association (hereinafter referred to as the “Complainant”) against M/s Jupiter Infrastructure Pvt. Ltd. & Ors. (hereinafter referred to as the “Opposite Parties”) seeking refund of the respective amount paid by the members of the Complainant

Association with interest at the rate of 18% per annum from the date of the payment till its realization and other ancillary reliefs.

2. The Complainant is a voluntary consumer association registered under the Societies Registration Act, 1860. The Opposite Party No. 1, M/s Jupiter Infrastructure (Bangalore) Pvt. Ltd., along with its associated entities, launched a real estate project named “

Commanders’ Gateway ” (hereinafter referred to as Project). The development was undertaken in collaboration with Opposite Party No.2, M/s Valji Gokuldas & Sons, and Opposite Party No.3, M/s Laxmi Enterprises, both of which are sister concern of a real estate firm, M/s Thakkar Realties Pvt. Ltd. (Opposite Party No.4). The Project was promoted and marketed by Opposite Party No.1.

3. The brief facts leading up to the present Complaint are that the Complainant members herein are individuals who had booked apartments, row houses, and plots in the project initiated by Opposite Party No.1 through a booking form available on its website. The Complainant members made advance payments amounting to 20% of the total consideration towards the said bookings. The Opposite Party No. 2 and 3 handed over a standard form “Allotment Letter” to the members of the Complainant Association. However, no formal “Agreement for Sale” was executed in favour of the members of the Complainant Association. As per the Allotment Letter, possession of the Units was to be handed over by March 2015. However, after nearly two years of issuing allotment letters, in March 2015, the Opposite Party No. 2 and 3 communicated that the project was awaiting necessary approvals as it fell within the zonal regulations of residential development and they are awaiting for approval.

4. The Complainant further stated that the Opposite Parties misrepresented the status of approvals at the time of booking, despite being aware of the Government of Maharashtra’s notification dated 10.01.2013, wherein CIDCO (NAINA) was appointed to approve projects around Navi Mumbai Airport within a 25 km radius. Despite collecting up to 20% of the total consideration from each of the Complainant members, the Opposite Parties failed to commence construction within the stipulated time and continued to provide false assurances regarding approvals from CIDCO until December 2015.

5. The Opposite Party No.1, through various email correspondences dated 24.03.2014, 27.05.2014, 06.07.2014, 16.01.2015, 18.07.2015, and 27.12.2015, assured one of the