OMAXE LIMITED Vs. SANDHYA SINGH

JUDGEMENT

(1.) This First Appeal, under Sec. 51 of the Consumer Protection Act, 2019 (hereinafter referred to as 'the Act') has been filed by Omaxe Limited (hereinafter referred to as the 'Appellant' or the 'Opposite Party'), against the Impugned Order dtd. 31/1/2023 passed by the State Consumer Disputes Redressal Commission, Lucknow, UP (hereinafter to be referred to as 'the State Commission') in Consumer Complaint No. 37 of 2022.

(2.) The complainant booked an independent residential built up floor named 'Grand Omax, Lucknow' floated by the Opposite Party (OP) in July 2015. The OP promised the prospective buyers to complete the project within a period of 36 months from the date of booking. The total consideration as for the said independent floor was Rs.44,73,750.00. For Registration in the housing scheme, the Complainant paid Rs.2,00,000.00 on 7/7/2015 and Flat No. GOL/ Florence-A-Sixth/601 was allotted to her. In the course of time, till 2017 she paid Rs.20,97,558.00 to the OP. Even after making such substantial payment and repeated requests, the builder did not get the agreement made. Only on 22/3/2017, the OP entered into Builder Buyer Agreement and handed over a copy to her.

(3.) Subsequently, the Complainant visited the area of the project and found no progress. The OP indulged in unfair trade practices as the other projects which started later were completed. Being aggrieved, she forwarded a legal notice on 25/9/2017 and sought refund of the entire amount deposited i.e. Rs.20,97,558,.00 along with interest. In reply dtd. 9/11/2017, the OP reiterated that the construction is progressing in full swing and the project will be completed in time. Thereafter, on being advised, she met Omax Head of UP. He again assured her that the project will be completed in time. Thus, she made further payments demanded by the OP. Subsequently, she visited the site of the project during March 2022 and found that the construction was not progressing. She was disappointed and suffered severe mental agony as the OP was making her wait eternally. The OP committed major fraud by collecting Rs.2,00,000.00 as the Registration fees on 7/7/2015 itself and did not enter into the Builder Buyer Agreement with the Complainant. Only when continually demanded, the Agreement was done on 22/3/2017. In terms of Para 40(a) of the said Builder Buyer Agreement, the OP has stated that 'the Company shall complete the development/ construction of the unit/ project 48 months from the date of signing of this Allotment Letter by the allottee or within an extended period of six months".