M/s Om Infradwelling Pvt. Ltd.

STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Institution: 29.08.2017 Date of final hearing: 11.02.2025 Date of Pronouncement: 05.03.2025 Consumer Complaint No. 29 / 2017 Mrs. Champa Pant & Mr. Jagdish Chandra Pant R/o H. No. 48, Keshav Madhav Puram, New Colony Dakpathar, Dehradun (Through: Sh. Suresh Gautam, Advocate)

…..Complainants VERSUS M/s Om Infradwelling Pvt. Ltd.

Chairman/Managing Director/Director Kapania Towers 5/4^th Ground Floor, Ganeshpur, Roorkee ….. None for Opposite Party Coram:

Ms. Kumkum Rani, President Mr. C.M. Singh, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This complaint has been submitted on behalf of the complainants seeking the relief directing the opposite party to do registry of apartment C – 104 Area 1120 Sq.Ft., 222 Sewla Kalan, GMS Road, Dehradun alongwith a sum of Rs. 6,60,000/- towards the financial loss, alongwith Rs. 1,00,000/- towards physical strain and mental agony and also Rs. 25,000/- towards cost of litigation.

M/s Om Infradwelling Pvt. Ltd.

2. Brief facts of the complaint case are as such that the opposite party M/s Om Infradwelling Pvt. Ltd. engaged in Real Estate activities with own or leased property including buying, selling, renting and operating of self- owned or leased real estate such as apartment building and dwellings, non- residential buildings, developing and subdividing real estate into lots etc. It is further contended that the opposite party had provisionally booked for selling apartment at Om Sarthak C-104, Area 1120 Sq.ft., First Floor, 222 Sewla Kalan, GMS Road, Dehradun on 24.04.2015 and the agreement between opposite party and complainants was executed on 12.05.2015 for selling apartment with possession of the flat to be given in October 2015 at costs of Rs. 41,22,734/- inclusive of all taxes. It is alleged that SBI, Dehradun had sanctioned loan amount Rs. 32,00,000/- out of which Rs. 18,22,204/- had been transferred to the opposite party Bank account and the complainants had withdrawn Rs. 2,60,000/- from PPF account, Rs. 13,00,000/- from GPF account and subsequently transferred the said money in the opposite party Bank account. A Tripartite Agreement was executed on 04.06.2015 among SBI, complainants and opposite party. The complainants since October, 2015 onwards have been visiting opposite party office as well as construction site and pursuing progress of allotted flat also requesting through email and Whatsapp to Mr. Sandesh Aterker and Mr. Manan Bhartdwaj, Authorised representative of M/s Om Infradwelling Pvt. Ltd. After several visits and letters the complainants had never been able to understand why the possession / registry of flats as per agreement not done till date. Although the flats appears to be ready, no progress is observed in finishing work, failing which possession could not be handed over. Although as per flat buyer agreement opposite party promised at the time of making the payment for the flat, the possession of the fully constructed flat would be handed over on October, 2015, but the same was not done. It is also stated that the even after 22 months from the M/s Om Infradwelling Pvt. Ltd.

proposed time of handover / possession, there is no sign of allotment / registration of said apartment. The complainants enquired about the reasons for the slow progress, which were never attended to seriously and only evasive and misleading replies and false assurances were given at all the times. In fact complainants still are not aware of the likely date of possession / registration of said apartment. Therefore, the opposite party be directed to do registration and the complaint was filed.

3. The opposite party has submitted its written statement stating that as per possession letter dated 25.02.2017 wherein the complainants have accepted that they obtained the possession of flat on dated 25.02.2017 and it is also mentioned that the opposite party has obtained all consideration amount in full and final s