BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE -  27.

CONSUMER COMPLAINT NO.50/2022

DATED ON THIS THE 16^th  FEBRUARY-2023

Present:        1) Sri. B.Narayanappa

M.A., LL.B., - PRESIDENT  

                     2) Smt. Sharavathi. S.M,

                                               BA., LLB., MEMBER

    ORDER’s Delivered by Sri B.NARAYANAPPA,

                                                               PRESIDENT

The OP 1 and 2 are the companies registered under the Companies Act, 1956.The OP 2 is the promoter and OP 1 is the developer of project “Supertech The Valley” in sector 78 Gurugram, Haryana registered under Haryana RERA no. 18 of 2018, dated 23.10.2018.OPs gave advertisement in social media and its official website and other digital print media about their real-estate project under the affordable group house scheme 2013 of Haryana project to be allotted to successful applicant through lucky draw.Therefore, the complainant applied for flat and paid booking amount of Rs.94,975/- to OP vide cheque No. 685760, dated 30.11.2018 drawn on City Bank and the said cheque has been realized by the OP and the OP notified that the complainant has been successful in the lucky draw held on 27.02.2019 and offered a unit No.1005 in Tower C, measuring 551 Sq.ft., for Rs.18,99,500/- vide allotment letter. The Valley/GGN/AL/0368, dated 02.03.2019 and requested the complainant to pay Rs.3,79,900/- towards 20% of the total amount but, the complainant was unable to arrange the fund within a short notice and it is contended that, the OP should have cancelled the allotment and refunded the amount to the complainant but, did not do so, and they never refunded the amount.On 30.04.2019 the complainant informed the OP to cancel the allotment of the Unit No. 1005 in Tower C and to refund Rs.94,975/- but there was no response from the OP side inspite of issuance of reminders to OP on 22.04.2019 and 08.05.2019 and inspite of request made by the complainant through email dated 10.05.2019.Therefore it is alleged that non refunding of the amount by the OP to complainant is deficiency in service on the part of OPs.Therefore, this complaint.

5. our consideration are as under

1. Whether the complainant proves that the alleged deficiency in service on the part of the opposite party and thereby he is entitled to the reliefs as sought for?

2.  What order?

      Point No.1 :- Partly in the affirmative.

      Point No.2 :- As per final order

                          for the following

:: R E A S O N S ::

7.         Point No.1:- It is undisputed fact that, the OP 1 and 2 are the companies registered under the Companies Act, 1956 and OP 2 is the Promoter and OP 1 is the developer of project “Supertech The Valley” in sector  78 Gurugram, Haryana registered under Haryana RERA no. 18 of 2018, dated 23.10.2018.  It is also undisputed fact that, OPs gave advertisement through social media and its official website and other digital print media about the said housing project and flat to be allotted to successful applicant through lucky draw.  The complainant produced the copy of the Empowering Business, Protecting Investors, issued by Ministry of Corporate Affairs, Government of India  to show the registration of company of OP 2 and brochure issued by OP for  the project of The Valley Apartments and the acknowledgment  issued by OP for having received Rs.94,975/- paid by the complainant and the Pass Book of complainant showing issuance of cheque No. 685760 for payment of Rs.94,975/- to OP and copy of the cheque issued to  OP complainant for Rs.94,975/- and copy of the allotment letter issued by OP allotting Unit No. 1005, Tower C, area  551 Sq.ft., to the complainant for Rs.18,99,500/- and requesting the complainant to pay 20% of the total amount and the copies of the e-mail correspondence made by the complainant with OP to cancel the allotment and to refund the amount.  In the allotment letter, the OP clearly stated that, the complainant had deposited a sum of Rs.94,975/-.    Therefore, it is crystal clear from the allotment letter and from the acknowledgement issued by the OP that, the payment of Rs.94,975/- made by the complainant to OP is stands established.  It is also not in dispute that, the OP by issuing allotment letter dated 02.03.2019 allotted Unit No.1005, Tower C, area 551 Sq.ft., in favour of the   complainant for Rs.18,99,500 and asked the complainant to pay 20% of the total price of the unit.  But, the complainant was unable to pay neither 20% of the amount nor the total amount asked by the OP towards the allotment of Unit No.1005, Tower C, area 551 Sq.ft. Therefore, the complainant requested the OP to cancel the allotment and refund the initial deposit paid by him to OP and made correspondence in this regard by way of e-mail and by way of writing request letter to OP but, no response from the OP side. Therefore, having no other go, the present complaint is being filed by the complainant seeking refund   Rs.94,975/- from the  OP.  The OPs should have refunded the initial deposit of Rs. 94,975/- paid by the complainant but, there was no response from the side of OP.  So, it appears that, remaining silent on the part of OP in not refunding the initial deposit of Rs.94,975/- paid by the complainant which itself is amounts to deficiency in service.  Therefore, we are of the considered view that, the OP 1 and 2 are liable to refund Rs.94,975/- to the complainant with interest.   Hence, we answer point No.1 partly in the affirmative.

8. Point No.2:- For the aforesaid reasons, we proceed to pass the following

:: ORDER ::

1. The complaint of the complainant is hereby allowed in part.

2. The opposite parties No. 1 and 2 are liable to pay Rs.94,975/- to the complainant with interest @ 10% p.a. from 15.04.2019 within two months from the date of this order till payment.

3. Further, opposite parties No. 1 and 2 are liable to pay Rs.10,000/- towards compensation for mental agony caused to the complainant and Rs.3,000/-  towards cost of the litigation to the complainant within 2 months from the date of this order.  Failing which, the compensation of Rs.10,000/- + cost of litigation Rs.3,000/- totally R.13,000/- shall carry interest at 10% p.a. till payment.

4. The complainant is at liberty to take action against the opposite party under Section 72 of the C.P. Act, 2019 for non-compliance of this order.

5. Furnish the copy of order to both parties at free of cost.

(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 16^th February 2023)