RAJ KUMAR MATTU Vs. ARDEE INFRASTRUCTURE PVT. LTD.

JUDGEMENT

(1.) This first appeal has been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 challenging the impugned order dated 03.02.2016, passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in consumer complaint No. 334/2012, vide which the said complaint was ordered to be dismissed.

(2.) The facts of the case are that the complainants/appellants made an application dated 11.07.2005 to the OP Builder, Ardee Infrastructure Pvt. Ltd., New Delhi for allotment of flat No. E-5A, IInd Floor, in their project "Platinum Independent Floors" in Ardee City situated at Village Vazirabad, District Gurgaon. The basic sale price of the flat was stated to be 30,55,500.00 and a sum of 3,05,550.00 as 10% of the total price towards earnest money was deposited by the complainants with the OP vide cheque No. 280221 dated 11.07.2005 drawn on Gurgaon Gramin Bank. It is the case of the complainants that the then Chairman of the OP Builder, Ashok Verma (who died later) had promised to give some discount on the price of the apartment to the complainants. However, since the final price payable for the property was not settled, the builder-buyer agreement could not be signed by them. The complainants followed-up the matter with the OP requesting them to finalise the price, but the same was not done. As a consequence, the loan that was sanctioned by the Gurgaon Gramin Bank was also not disbursed to them.

(3.) It is further stated in the consumer complaint that on 10.07.2007, the OP asked them to deposit a sum of 9,16,650.00 for payment of three instalments with respect to the said flat. However, they requested the OP to send them the relevant papers/documents to enable them to raise loan. The OP sent them a letter dated 24.04.2012 as a show cause notice as to why the provisional booking made in their favour be not cancelled. Although the complainants sent letter dated 07.05.2012 in reply to the show cause notice, the OP sent another letter dated 09.06.2012, cancelling the booking of the flat. They also returned the amount deposited with them, i.e., 3,05,550.00 vide cheque No. 803108 dated 05.06.2012, without any interest. Although the complainants got the said cheque encashed but they intimated to the OP vide letter dated 12.07.12 that they were accepting the said cheque under protest. Thus, the complainants filed the consumer complaint in question, alleging deficiency in service on the part of the OPs and seeking directions against them to execute the sale deed for the flat in question valued at 30,55,500.00 and to put them in possession of the flat and also to pay compensation of various amounts for deficiency in service/mental harassment, etc.