IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution : 28.01.2020 Date of Reserving the order: 25.10.2024 Date of Decision: 03.02.2025 CC No. 64/2020 IN THE MATTER OF Ms. Indu Khanna D/o Mr. G.L. Malhotra R/o F-20, Lajpat Nagar-II, New Delhi-110024 (Through: Mr. Mukesh Gahlot, Advocate)

..…Complainant VERSUS

1. M/s JMD Shubh Homes Pvt. Ltd.

(Through its Director)

At: K-37, Green Park, New Delhi (Through: Mr. Mohit Yadav, Advocate)

..…Opposite Party No. 1

2. M/s BPTP Limited (Through its Director)

At: M-11, Middle Circle, Connaught Place (Through: Mr. Mohit Yadav, Advocate)

..…Opposite Party No. 2 CORAM:

HON‟BLE MS. BIMLA KUMARI, PRESIDING MEMBER Present: Mr. Mukesh Gahlot, counsel for the Complainant Mr. Mohit Yadav, counsel for the OPs PER: HON‟BLE MS. BIMLA KUMARI, PRESIDING MEMBER

JUDGMENT

1. The C omplainant, initially filed the complaint no. 85/2013 before the District Consumer Disputes Redressal Forum, Qutub Institutional Area (South-I District). Later on, the complaint was returned by Ld District Forum vide order dated 04.01.2019 for want of pecuniary jurisdiction as the value of the suit property was more than Rs.20,00,000/-. The parties were directed to appear before this Commission on

28.01.2019.

2. Brief facts of the case as per the complainant are that Opposite Party No. 1 is the broker of Opposite Party No. 2. The Opposite Party No. 2 is a developer company, which came up with an advertisement for its upcoming project, namely, „Park Elite Floors‟ at Parklands, Faridabad, Haryana. Being lured by the advertisement, the Complainant along with her sons namely, Deepak Khanna & Gaurav Khanna approached the Opposite Parties and jointly applied for the allotment of a unit in the project of the Opposite Parties. The Complainant paid an amount of Rs.50,000/- to the Opposite Parties vide cheque bearing no. 471421 dated 23.05.2009 drawn on Indian Bank, towards the booking amount. Thereafter, the Opposite Party No. 2 vide its Allotment Letter dated 20.12.2009 allotted the unit bearing no. H4-11 admeasuring 1022 sq. ft. on First Floor in the aforesaid project, to the Complainant.

3. It is the case of Complainant that at the time of booking, she opted for ‘Construction Linked Payment Plan’ to make the payment of the unit. In pursuance of the payment plan, she further paid a sum of Rs.11,08,597.24/- by way of three installments i.e. Rs.2,00,000/- on 06.06.2009, Rs.4,54,224.20 on

23.10.2009 & Rs.4,54,373.04 on 05.09.2011, respectively to the Opposite Party No. 2.

4. It is the further case of Complainant that after paying the said installments, she along with her sons (who are also co-owners of unit) had to leave India for business purpose and they temporarily settled in Dubai and informed the Opposite Parties in that regard. She requested the Opposite Parties to issue demand letters at their new address or on e-mail so that she could make the payment within the stipulated period. However, the Opposite Parties did not issue any demand letters to her. On 10.01.2012, she made a telephonic call to the corporate office of the Opposite Parties and got reply that soon the demand letter would be sent to her. After waiting for more than one month, the Complainant sent an e-mail on 20.02.2011 to the Opposite Parties requesting them to tell her the balance amount.

5. It is the further case of Complainant that her son Mr. Deepak Khanna (co-owner) visited India in May 2012 and met with the officials of Opposite Party No. 2, wherein he was shocked to know that the Opposite Parties with malafide intentions had cancelled the allotment of unit. The Complainant immediately reported the matter to the office of the Opposite Parties and requested to issue fresh demand note as no demand note was ever sent to her by Opposite Parties after September 2011. She also made request to the officials of Opposite Party No. 2 to revive the allotment of unit and waive off the delay charges.

But, the officials of Opposite Party denied to do so.

6. Thus, the