C.No. 1290/2016 D.O.D.: 19.12.2022

MR. NARESH CHAWLA Vs. JBB EVEREST BUILDTECH PVT. LTD.

ALLOWED

PAGE 1 OF 9

IN THE DELHI STATE CONSUMER DISPUTES

REDRESSAL COMMISSION

Date of institution: 21.10.2016

Date of hearing: 12.09.2022

Date of Decision: 19.12.2022

COMPLAINT CASE NO.- 1290/2016

IN THE MATTER OF

MR. NARESH CHAWLA,

R/O B-10, MOHAN GARDEN,

UTTAM NAGAR, DELHI

(Through: Mr. Sushil Kumar, Advocate)

…Complainant

VERSUS

JBB EVEREST BUILDTECH PVT. LTD.,

HAVING ITS OFFICE AT:

SH3, 2^ND FLOOR,

VARDHMAN GRAND PLAZA,

MANGLAM PLACE, SECTOR-3,

ROHINI, NEW DELHI-110085.

ALSO AT:

509, ANSAL BHAWAN,

16 K.G. MARG, CONNAUGHT PLACE,

NEW DELHI.

(Through: Mr. Indresh Kumar, Advocate)

…Opposite Party

C.No. 1290/2016 D.O.D.: 19.12.2022

MR. NARESH CHAWLA Vs. JBB EVEREST BUILDTECH PVT. LTD.

ALLOWED

PAGE 2 OF 9

CORAM:

HON’BLE

JUSTICE

SANGITA

DHINGRA

SEHGAL

(PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present:

Mr. Surinder Singh and Mr. Rakesh Sharma for

Complainant.

None for Opposite Party.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL

(PRESIDENT)

JUDGMENT

1.

The present complaint has been filed by the Complainant before this

Commission alleging deficiency of service on the part of Opposite

Party and has prayed the following reliefs:

a) “Pass an order directing the O.P. to refund Rs.22,00,000/-

deposited by the complainant along with interest @21%

from the date of deposit of each amount/instalment till

realization.

b) Pass an order directing the O.P for compensation

amounting to Rs.10,00,000/- for loss of opportunity in

finding similar property now at high price due to rise in

value of land and cost of construction, for deficiency in

service, unfair trade practice, mental agony and harassment

faced by the complainant.

c) Direct the opposite party to bear the litigation cost.

d) Direct the opposite party to pay Rs 5,00,000/- to the

complainant for the mental harassment and mental agony.

e) Such any other/further relief which this Hon’ble Court may

deem fit and proper be passed in favour of the

Complainant.”

C.No. 1290/2016 D.O.D.: 19.12.2022

MR. NARESH CHAWLA Vs. JBB EVEREST BUILDTECH PVT. LTD.

ALLOWED

PAGE 3 OF 9

2.

Brief facts for the adjudication of the present complaint are that the

Complainant booked a Unit T-1A/1002, in Project of Opposite Party

namely “Grand Square” situated at Kundli, Haryana vide Allotment

Letter dated 29.08.2009. Thereafter, the Complainant paid

Rs.22,00,000/- towards full and final payment for the aforesaid unit.

The Complainant then entered into Memorandum of Understanding

with the Opposite Party dated 29.08.2009. As per the Memorandum

of Understanding the Complainant was assured that the possession of

the unit would be handed over by the Opposite Party till August,

2012. Despite the payment of the above mentioned substantial

amount and passing of over 3 years after the said M.O.U. the

construction of the aforesaid unit was completely halted by the

Opposite Party.

3.

The Complainant further requested the Opposite Party to provide the

expected date of delivery of the said unit but was of no avail. The

Complainant made numerous attempts to communicate with the

Opposite Party regarding the construction and possession of the said

unit but was of no avail. The Complainant h

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