POONAM MISHRA Vs. OM KRISHNA DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) This Consumer Complaint has been filed under Sec. 12(1)(c) of the Consumer Protection Act, 1986 alleging deficiency in service and unfair trade practice on the part of the Opposite Party and seeking refund along with ancillary reliefs.

(2.) The factual background, in brief, is that the Opposite Party launched the 'County Garden' housing project in Neemrana, Rajasthan, and marketed it widely to the public. Attracted by the project's promises, the Complainants, including Complainant No. 1/Mrs. Poonam Mishra, booked plot after paying Rs.68,250.00 initially and she was allotted Plot No. F-171 on 30/3/2012. The plot was priced at Rs.4,550.00 per sq. yd., with an additional 10% charge for its preferential location. The total consideration amount for the plot was Rs.7,50,750.00. The Opposite Party committed to delivering possession of the plots within 24 months from the signing of the Memorandum of Understanding (MoU), dtd. 20/10/2012, with additional grace period of 6 months. The Opposite Party issued a Provisional Allotment Letter on 17/7/2012, for Plot No. F-168 and raised subsequent demands for payments, which Complainant No. 1 paid as per the plan. The MoU stated that possession would be granted only after basic infrastructure, including water supply, electricity, and pucca roads, was in place. However, as of today, the Opposite Party has not completed these developments, nor obtained the necessary Occupancy Certificates to offer a valid possession. The Complainants, having paid significant sums, found that the project site lacked the promised facilities such as water supply, electricity lines, and proper roads. Visits to the site in 2019 revealed minimal progress, with essential infrastructure still incomplete. Repeated requests for a refund, including letters from Complainant No. 23/Mrs. Shail Bala Sharma, were ignored by the Opposite Party. The Opposite Party has collected substantial payments from the Complainants while failing to adhere to the agreed schedule or deliver the plots, causing significant financial loss, harassment, and mental agony to the Complainants. Despite multiple payments by the Complainant No. 1 totaling to Rs.3,41,250.00 and the signing of the MoU, the plot was not delivered by the promised date of 20/4/2015. Consequently, being aggrieved by the deficiency of service and unfair trade practice on the part of the Opposite Party, the Complainants have filed the present complaint.

(3.) In view of the aforesaid facts, the Complainant has prayed as following -