IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 01.04.2019 Date of reserving the order: 27.02.2025 Date of Decision: 16.04.2025 COMPLAINT CASE NO.-348/2019 IN THE MATTER OF MR. SUDESH KUMAR MADANPOTRA S/O LT. SH. RAMJI DASS R/O B-2, GREEN GLADE APARTMENTS, VASANT KUNJ, NEW DELHI-110070 (THROUGH SPECIAL POWER OF ATTORNEY)

MR. YOGESH KAPOOR S/O SH. R.P. KAPOOR R/O A-64, S-1, RAMPRASTHA COLONY, GHAZIABAD, UTTAR PRADESH (Through: Mr. Akshay, Advocate)

…Complainant VERSUS M/S ANSALS HI-TECH TOWNSHIP LTD.

REGISTERED OFFICE: 115, ANSAL BHAWAN, 16, KASTURBA GANDHI MARG, NEW DELHI-110001 (Through: Mr. Anuj Chauhan, Advocate)

…Opposite Party CORAM:

HON’BLE MS. BIMLA KUMARI, PRESIDING MEMBER Present: Mr. Akshay, counsel for the Complainant None for the Opposite Party.

PER: HON’BLE MS. BIMLA KUMARI, PRESIDING MEMBER

JUDGMENT

1. Brief facts of the case are that the Complainant applied for a residential unit in the project of Opposite Party, namely, ‘Sushant Megapolis’ adjoining Greater Noida, U.P. and a built-up unit no. 099, First Floor, Sector-2B, Freesia Terrace was allotted to the Complainant. Thereafter, on 01.03.2012, the “Built-Up Unit Allottee(s) Arrangement” (hereinafter referred to as the ‘Agreement’) Annexure-A Page 13 of complaint was executed between the Complainant & Opposite Party for the said flat Freesia Terrace bearing no. 099, First Floor, Sector-2B admeasuring 2067 sq. ft., in the project of the Opposite Party, namely, ‘Sushant Megapolis’ Greater Noida, Uttar Pradesh. As per Payment Schedule (Page 38 of complaint), the total sale price of the said flat was Rs.35,06,372/-. As per clause 4.1.A of the Agreement, the Opposite Party agreed to hand over the possession of the said flat to the Complainant within 42 months from the date of sanction of the lay out plan with a grace period of 90 days.

2. It is the case of Complainant he had paid a total amount of Rs.10,68,390/- (i.e. approx 30 % of sale consideration) to the Opposite Party within five months of booking. Since the construction site was lying vacant even after one year of booking, he sent e-mails dated 20.02.2013, 04.03.2013, 16.04.2013, 13.12.2013, 12.03.2014, 05.09.2014 & 20.09,2014, respectively, to the Opposite Party asking the Opposite Party to confirm the date on which the excavation work of project would be started, but the Opposite Party did not pay attention to his e-mails and did not reply to the same. Even after lapse of three years of booking, the project site was lying vacant and no construction work had been carried out. Thus, he again sent registered e-mail on 20.11.2015, 26.11.2015, 14.01.2016 & 17.02.2016 and also wrote letter dated 20.11.2015 to the Opposite Party and asked the Opposite Party regarding the fate of his legitimate money. But, the Opposite Party did not pay any heed to his request and gave false assurance that the project would start in December 2015.

3. It is the further case of Complainant that he was shocked to know that the Opposite Party was restrained to raise any sort of construction and development work of the project by National Green Tribunal vide its order dated 02.04.2012. The concealment of that very fact shows that the Opposite Party had malafide intentions to loot the innocent public. In this manner, the Opposite Party has defrauded the Complainant in order to enrich itself with the huge amount of money of Complainant. The Opposite Party did not refund his money despite repetitive requests. Thereafter, he issued legal notice dated 15.02.2019 to the Opposite Party and sought refund of his entire money along with interest. But, the Opposite Party did not even reply to the same.

4. Thus, the Complainant was left with no other option but to file the present complaint, alleging deficiency in service and unfair trade practice on the part of the Opposite Party.

5. After the complaint case was filed, notice of the complaint was issued to the Opposite Party on 15.04.2019 & 28.05.2019.

6. On 20.08.2019, Mr. Rob