IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution : 25.10.2016 Date of Reserving the order : 23.12.2025 Date of Decision : 23.02.2026 FIRST APPEAL NO.-498/2016 IN THE MATTER OF M/S COSMOS INFRA ENGINEERING (I) LTD.

RISHI APARTMENT, 4, BATTERY LANE, RAJPURA ROAD, CIVIL LINES, DELHI - 110054 …APPELLANT (Through: Mr. Dharmneder Sehrawat, Mr. Vikas Tomar, Mr. Ajay Singh, Mr. Saman Yadav & Karan Singh, Advocates Tel.0124-2560430, 2560431)

VERSUS MRS. AMITA THAKUR W/O - SH. KISHORE THAKUR R/O - 404, YASH APARTMENTS PLOT NO. 9, SECTOR - 11, DWARKA, NEW DELHI - 110075 ……RESPONDENT (Through: Ms. Hemlata, Advocate Mob:9871963576, 8800818207 &

Email: hemichoudhary.23@gmail.com)

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)

Ms. Hemlata counsel for the Respondent.

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 16.09.2016, passed by Consumer Disputes Redressal Forum, (North District) Room No.2, Old Civil Supply Building, Tis Hazari, Delhi (hereinafter referred to as District Forum), in Complaint Case no. CC-83/2011 titled as Amita Thakur 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 No.1 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 filed the present complaint against the OPs u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that on the representations and assurances made by the representatives of OP-1, the complainant booked a Simplex Villas under the name and style "Cosmo Greens Bhiwadi" at the total cost of unit being at Rs.25,80,000/-. The complainant was assured that the OPs will facilitate the complainant to get bank loan and project will be completed within 12 months as stipulated in the agreement. The complainant booked a Villa in her name and her husband Sh. Kishore Thakur being the 2nd applicant. The complainant made the application and unit No. MG-69 was booked in her name. A cheque for Rs.1,00,000/- bearing No.472250 dated 4.2.2009 drawn on HDFC Bank, New Delhi was issued and handed over to the representative of OP-1 as Registration/Earnest Money for which a receipt was also issued. It is further alleged that on 14.3.2009 installment notice for further payment of Rs.3,76,000/- was received by the complainant. As the allotment letter was not received by the complainant, she raised the matter with the OPs who assured that the same was on way and requested the complainant to make payment of Rs.75,000/- as part payment only. On the assurance of OP, the complainant's husband issued a cheque of Rs.75,000/- bearing No.498256 dated 2.4.2009 for which the receipt dated 1.4.2009 was issued by the OP. Thus a total sum of Rs.1,75,000/- was deposited with the OPs as earnest money. It is further alleged that since then the complainant had been insisting the OPs to issue NOC/demand letter as promised by them so that the complainant can apply for the bank loan. The OPs failed to issue the NOC and kept giving false assurances. However, the complainant being a preferential client got sanctioned her bank loan in principal on 5.5.2009. Further no NOC was issued by the OPs but it kept on raising demand notices on various dates. It is further alleged that no further payments were made as the complainant became suspicious and demanded NOC/ allotment letter and agreement etc. which was never supplied to the complainant. Further in the month of August 2009, an unsigned agreement in the name of her husband to sub-lease was sent to the complainant which was already signed by the