Date of pronouncement:-19.01.2026 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI CONSUMER COMPLAINT NO. 2683 OF 2018

1. MR. SHAILESH SRIVASTAVA

2. MRS. RUCHI SRIVASTAVA BOTH RESIDING AT:

A-903, APEX APARTMENT, SECTOR-45, GURGAON HARYANA-122002 ….. COMPLAINANT Versus VATIKA LIMITED HAVING ITS REGISTERED OFFICE AT VATIKA TRIANGLE, 4TH FLOOR, SUSHANT LOK PHASE I, BLOCK A, MEHRAULI - GURGAON ROAD HARYANA-122002. ....... OPP. PARTY BEFORE:

HON'BLE AVM J. RAJENDRA, AVSM VSM (RETD.), PRESIDING MEMBER HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA, MEMBER Appearance at the time of arguments:-

For the Complainant : Mr. Amit Bhagat & Ms. Arzoo Raj, Advocates.

For the Opposite Parties : Ms. Prerna Sharma, Advocate (VC)

JUSTICE ANOOP KUMAR MENDIRATTA, MEMBER

ORDER

1. In brief, Complainant No. 1 and 2, being husband and wife, jointly applied for allotment of a 3BHK flat at pre-launch stage in residential project, Vatika Turning Point in Sector 88B, Gurgaon, Haryana floated on behalf of opposite party (Vatika Ltd.), in the month of July, 2016. Since it was assured that the project is getting launched within a month and possession would be handed over within three years by August, 2019, an amount of Rs.4,00,000/- was paid by the complainant, for booking vide receipt dated 11.07.2016. Complainants further opted for construction-linked plan against sale consideration of the unit for Rs.93,23,485/-. However, construction did not commence in August, 2016 as assured. In the meanwhile, further on persuasion by representatives of opposite party, in December, 2016 the booking of the complainants was converted from construction-linked-plan to subvention plan. Complainants further paid a sum of Rs.50,000/- to the opposite party as evidenced by statement of account issued by opposite party on 23.12.2016. Also an allotment letter dated 19.12.2016 was issued by OP allotting unit no. 402, Tower West End-6 with an area of 1570 sq. ft.

2. It is further the case of complainants that despite assurances, construction of the project was not initiated even by end of December, 2016. Further since the construction did not commence even till 2017, complainants approached the opposite party and were informed that construction would commence once the project is registered with RERA under Real Estate (Regulation & Development) Act, 2016. An e-mail dated 20.08.2017 was sent by the complainants requesting the opposite party to cancel the booking/allotment and refund the amount of Rs.4,50,000/- paid by the complainants, since the opposite party failed to commence construction till August, 2017

3. The grievance of the complainant is that despite issuing several reminders from 24.08.2017 till 31.10.2017 and visits to the office of opposite party, the amount has not been refunded. Consequently, after issuing legal notice dated 05.02.2018, present complaint has been preferred seeking following reliefs:-

“(i) Direct the Opposite Party to refund the amount paid for booking the said flat i.e. Rs. 4,00,000/- along with the interest of 18% per annum and also the amount of Rs. 50,000/- spent on conversion of the buying plan from construction linked to subvention along with the interest of 18% per annum since the date of respective payments to the Complainants;

(ii) Direct the Opposite Party to pay a sum of Rs. 3,50,000/- to the Complainant on account of mental torture and agony suffered by the Complainants due to the unfulfilled promises and unlawful and illegal acts/inactions of the Opposite Party;

(iii) Direct the Opposite Party to pay a sum of Rs. 2,00,000/- to the Complainant as cost of litigation;

(iv). Pass any other or such further orders as this Hon'ble Commission may deem fit and proper to pass having regard to the facts and circumstances of the present complaint.”

4. Vide written statement filed on behalf of the opposite party, the complaint has been opposed on grounds of misrepresentation and concealment of facts. Complaint is stated to be not maintainable before this