ORDER

DR.INDER JIT SINGH, MEMBER

1.   The present Consumer Complaint (CC) has been filed by the Complainants against the opposite parties (OPs) as detailed above, inter aila praying for directing the OPs to:-

(i)  refund of amount paid by the complainants to the opposite

parties for the shop in mall and accrued interest of 18%.

(ii) pay Rs.25,00,000/- by way of damages for harassment, pain & suffering, mental & physical agony, loss of credibility and reputation and financial losses, and inconvenience caused to complainants on account of deficiency in service on the part of the OPs.

(iii) pay cost of litigation etc.

2.   Notice was issued to the opposite parties on 17.07.2018 giving them maximum 45 days’ time to file their written statement.

3.       It is averred/stated in the complaint that:-

i)  That the complainants had sold their agriculture land in early 2008 and were looking for some income source to earn their livelihood and self employment and generate some income to fund the education of the kids of the family in good schools.  The OPs contacted the complainants in June 2008 and told them about the project of the OP “Landmark The Mall” at Sector 66, Gurgaon and assured that complainants can easily get handsome returns for meeting their household expenditure for their livelihood by getting income from good shop in the said mall. The OPs assured that they had clear title of the land and all requisite permissions/approvals from all Govt. Statutory bodies/Authorities and their layout plans were duly approved and the possession of the plots/units will be given within 36 months.  They also assured returns of Rs.93,480/- per month for three years on the investment.  The complainants were also told that they shall give investment returns only if the complainants make 100% payment of sale price at the pre-launch booking.  On the assurances by the OPs the Complainants booked a Shop No. 42 (820 sq.yds.) in “Landmark The Mall” at Sector 66, Gurgaon and all the receipts and M.O.U./agreement were signed in July 2008.  The complainants paid a total sum of Rs.93,48,000/- as sale amount for said Shop in ‘The Mall’. 

ii) It is averred by the complainants that the OPs allotted shop No. 42 to the complainant without any approvals of lay out plans of the project.  But the OP could not even start the construction of the said Mall in three years despite the promises and assurances.   The OPs also partly paid the promised assured returns of Rs.93,480/-.  The OPs kept on delaying the possession despite various requests and reminders and personal visits  to OPs’ office in this regard.   On 30.09.2010, the complainants went to the office of OP-1 and sought refund of their amount or possession of the shop.  The OP-2 cunningly entrapped the complainants into signing another false and fraud MOU/Agreement of even date and told them that the pending assured returns amount of Rs.6,84,000/- shall be adjusted in the new agreement/sale price and the area of the shop is being increased to 880 sq.ft.  The OP-1 told the complainants that the OP-1 has no funds to refund them and are in financial crisis and further told the complainants that they have to bear with OP-1.  Without cancellation  of the old agreement dated 01.07.2008, a new MOU/agreement was got signed from the complainants. The time the OPs promised enhanced assured returns of Rs.1,00,320/-  to the complainants for another three years.  The OPs again sold/resold the said shop No. 42 to the complainants in pre-launch offer, without any approval. The same story continued for another four years and OP-1 could not even lay a single brick of construction of the “said Mall” and also defaulted in payment of the assured returns. 

iii)On 04.12.2014 the complainants met OPs-2 & 3 and sought

their refund with interest and arrears of assured returns as the    construction of the said Mall  was not yet started. The complainants have stated in their complaint that the OPs again coaxed the complainants to sign anot