IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution : 04.01.2019 Date of Reserving the order : 23.12.2025 Date of Decision : 23.02.2026 FIRST APPEAL NO.-04/2019 IN THE MATTER OF M/S COSMOS INFRA ENGINEERING (I) LTD.

C-31/32, 2ND FLOOR, OPP. PUR PLAZA CANNAUGHT PLACE, NEW DELHI …APPELLANT (Through: Mr. Dharmneder Sehrawat, Mr. Vikas Tomar, Mr. Ajay Singh, Mr. Saman Yadav & Karan Singh, Advocates Tel.0124-2560430, 2560431)

VERSUS MRS. MOHINI CHITKARA R/O – H.NO. B-431, G.F SUSHANT LOK-1 GURGAON-122002 ……RESPONDENT (through herself in person Mob.9868900096)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL PRESIDENT HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present : Mr. Vikas Tomar & Mr. Nimish Mishra, counsel for the appellant (Mob-9811607053 & Email: nimishmishra99@gmail.com)

None for the respondent.

PER : HON’BLE MS. PINKI, MEMBER (JUDICIAL)

JUDGMENT

1. By this judgment, we shall dispose of the appeal filed by the Appellant against the impugned order dated 26.09.2017, passed by Consumer Disputes Redressal Forum, (District New Delhi), M- Block, 1st Floor, Vikas Bhawan, I.P. Estate, Delhi (hereinafter referred to as District Forum), in Complaint Case no. CC- 468/2014 titled as Mohini Chitkara vs. M/s Cosmos Infra Engineering (India) Ltd. & Anr. inter-alia praying for setting aside the order passed by the District Forum.

2. While the Appellant was Opposite Party before the District Forum and the Respondent was Complainant before the District Forum.

3. The facts of the case as per the District Co, record are as under:

“The complainant has been filed against the OP alleging that the complainant booked a flat with the Op and made some payments. The OP to deceit the complainant could not demand further instalments due or to be due but on enquiry it was informed that due to the default in payment by the complainant the flat has been cancelled.

Following prayer has been made :-

a. To make good the payment of Rs. 6,50,000/(Six Lacs only) along with interest @ 24% per annum from the date of i.e. 29/04/2006.

b. To pay Rs. 1,00,000/-as compensation for causing mental agony, harassment and resulting in expenses in conveyance, correspondence etc.

c. To re-allotment the said flat 342 to the applicant after taking all due original installments.

Any other relief, which this Hon'ble Court/Forum deems fit and proper, may also be granted to the petitioner.”

4. The District Forum after taking into consideration the material available on record passed the judgment dated 26.09.2017, whereby it held as follows:

“Thus the facts remain that the complainant made the payment of Rs. 299000/- against the booked flat and that the complainant in response to the demand letter of OP replied vide letter dated 9/5/09 informed the OP of her inability to make the payment within the given time and requested for more time. The said letter is relied upon by the OP. There if no OP's response to said letter of the complainant, however the OP has issued the demand letters subsequently as mentioned by OP. The receipt of the demand letters is denied by the complainant. In these facts & circumstances even if it is presumed that the complainant did not receive the demand letters yet the complainant had come to know of the cancellation of the allotment on receipt of the refund cheque dated 8/6/12. The complainant has not placed any letter or correspondence sent to the OP with request for restoration of the flat or showing her willingness to make payments of the outstanding dues rather attempted for encashment of the received refund cheque which could not be encashed for some reason. In such circumstances, the prayer of the complainant for restoration of the flat does not merit consideration, however, since the amount of the complainant remained with the OP due to non-encashment of the refund cheque, the complainant can be entitled for its refund as he OP cannot hold and use the money of the complainant. We therefore, are of the considered view that the complainant deserves ref