JUDGMENT

(Date: 10-03-2026)

1. The Complainant, Ms. Sonali Ramkishor Nashine, acting through her mother and registered Power of Attorney holder, Mrs. Hemlata Ramkishor Nashine, has filed the present Consumer Complaint under Section 12 read with Section17 of the Consumer Protection Act, 1986 alleging deficiency in service and unfair trade practice on the part of the Opposite Party, M/s. Macrotech Developers Limited (formerly known as Lodha Developers Limited), in connection with the booking and subsequent cancellation of a flat in the Opposite Party's residential project.

2. The Complainant had booked Flat No. 3004, on the 30th Floor, Platino G-Tower, Lodha Splendora project, located at Ghodbunder Road, Thane, Maharashtra, on 23rd May, 2019. The total consideration value of the said flat was Rs. 97,87,075/- (Rupees Ninety-Seven Lakhs Eighty- Seven Thousand Seventy-Five only). The Complainant paid a token amount of Rs. 20,000/- through credit card on 23rd May, 2019, and thereafter paid the balance of the 10% booking amount i.e., Rs. 9,58,708/- through RTGS on 24th May, 2019, thereby making a total payment of Rs. 9,78,708/- (Rupees Nine Lakhs Seventy-Eight Thousand Seven Hundred and Eight only) to the Opposite Party.

3. The Complainant alleged that, at the time of booking, the representatives of the Opposite Party including Shri Deepak Sapkal (Manager), Shri Rohit Bandal, Shri Sushant More, and Shri Ronnie Mali had specifically assured the Complainant that:

(a) the Opposite Party would provide the application form, a copy of the relevant property documents and a draft "Agreement to Sell" under the Complainant's name, prior to registration; and

(b) that registration of the agreement would be done at the Sub-Registrar's Office, Thane, by 30th May, 2019.

4. The Complainant stated that, contrary to the aforesaid assurances, the Application Form along with the Terms and Conditions, Price Sheet and Payment Schedule were sent to her only on 25th May, 2019, i.e., two days after the booking and only after payment of the 10% booking amount. The Complainant was neither shown nor given the Application Form and its Terms and Conditions at the time of booking and initial payment.

5. The Complainant further alleged that, despite repeated follow-ups by email, phone calls and text messages, the Opposite Party refused to share copies of:

(a) the draft Agreement to Sell;

(b) the Occupancy Certificate; and

(c) other property documents prior to registration.

The Opposite Party's Sales Executives, instead, directed the Complainant to physically visit the Head Office at Lodha Excelus, Mahalakshmi, Mumbai, to merely "view" the draft agreement on the condition that she could only do so one day before registration and that she could neither suggest alterations nor make any deletions or corrections, which complainant found unethical and an unfair trade practice.

6. The complainant thus found the conduct of the Opposite Party changed noticeably and negatively towards the Complainant immediately after receipt of the 10% payment. It is the Complainant's case that the Opposite Party was positively engaged with the Complainant only until the 10% booking amount was paid, and thereafter demonstrated callous disregard for her legitimate requests of the complainant.

7. Being aggrieved by the Opposite Party's unfair trade practices and unprofessional behaviour, and being denied the elementary right to review the draft Agreement to Sell before signing, the Complainant was constrained to cancel the booking of the said flat by email dated 28th May, 2019, i.e., within 5 days of booking, and sought a refund of the entire amount paid by her. At this stage, it must be noted that the Agreement for Sale was neither signed nor registered.

8. The Complainant sent a legal notice dated 29th May, 2019, seeking cancellation of the flat booking and refund of the paid amount with interest. The legal notice was duly delivered to the Opposite Party's Head Office at Mah

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