ORDER

1.       Heard counsel for the parties. 

2.       Mrs. Poonam Sood, has filed above complaint for directing the opposite party to (i) refund of entire money of Rs.70 lakhs with interest @18% p.a. compounded quarterly from 22 July 2012 till the date of actual payment; (ii) grant compensation for harassment; (iii) grant cost of the litigation and (iv) any other relief which is deemed fit and proper in the facts and circumstances of the case. 

3.       The complainant stated that Bestech India Private Limited (the opposite party) was a company, registered under the Companies Act, 1956 and engaged in the business of development and construction of group housing project. The opposite party launched a group housing project in the name of “Park View Grand Spa”, at Sector-81, Gurgaon in the year 2012 and made wide publicity of its facilities and amenities. On coming to know about the project, the complainant booked an apartment and deposited the booking amount of Rs.1000000/- on 27.06.2012. Thereafter, the complainant deposited the amount of Rs.6000000/- on 21.07.2012. The opposite party issued allotment letter dated 21.07.2012 allotting Unit No.1501, admeasuring 2660 sq.ft., Tower-H in the said project. The payment plan has been supplied along with allotment letter, in which, Rs.6767838/- had to be paid at the time of booking. Then first instalment is payable by 31.08.2013 or on casting of 7^th floor roof slab. The complainant received a demand notice dated 01.10.2013 demanding Rs.4622661/- i.e. the instalment payable on casting 7^th floor roof slab, but the complainant failed to deposit the amount as demanded in the said letter. The opposite party raised demand of Rs.1576981/- on 07.02.2014, i.e. next instalment payable on casting of 12^th floor roof slab. The complainant vide an e-mail dated 15.05.2014 sought for cancellation of her allotment and refund of the amount after forfeiting earnest money. Subsequently, the complainant wrote a letter dated 19.05.2014 with same request. The opposite party, however, issued reminders for payment of the instalments along with interest for delay. The complainant received a final demand letter 04.02.2015 demanding Rs.9298345/- and Rs.1753268/-. But she could not deposit the aforesaid amounts, therefore, her allotment was cancelled on 18.05.2015 but no amount was refunded. The complainant wrote letter dated 26.02.2016 for refund of the money. The opposite party, vide letter dated 03.03.2016, informed that entire money deposited by her had been forfeited. Then this complaint has been filed on 25.11.2016.

4.  The opposite party has filed its written reply. In which the fact relating to booking of the apartment and deposit of Rs.7000000/- by the complainant have not been disputed. The opposite party stated that in spite of demand letters written to the complainant, she failed to deposit the amounts of instalments. Buyer’s Agreement was also sent to the complainant through Vikrant Gera but she neither signed it nor returned the signed copy of it to the opposite party. Therefore, allotment of the complainant was cancelled on 18.05.2015 and the amount deposited by her was forfeited.

5.      The complainant filed rejoinder reply on 14.07.2017, Affidavit of Evidence of Poonam Sood. The opposite party filed Affidavit of Evidence of Ms. Shiveta Raina. Both the parties have filed their written synopsis.  

6.      The counsel for the complainant relied upon judgment of Supreme Court in M/s. Kailash Nath Associates Vs. Delhi Development Authoity & Anr. JT 2015 (1) SC 164, this Commission in DLF Limited Vs. Bhagwanti Narula, I (2015) CPJ 319 (NC), and Girish K. Vohra Vs. Hongkong and Shanghai Banking Corporation Ltd., I (2015) CPJ 323 (NC) and Delhi High Court in O.M.P. (Comm) No.121 of 2020 Mr. Rajesh Gupta Vs. Sh. Ram Avtar (decided on 19.05.2022) and submitted as no loss has been caused to the opposite parties, it was not entitled to forfeit any amount. The counsel for the opposite party relied upon judgment o