SUMIT SINGH SABARWAL Vs. ADEL LANDMARKS LIMITED

JUDGEMENT

(1.) This First Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), is directed against the order dated 20.07.2017 passed by the Delhi State Consumer Disputes Redressal Commission at New Delhi (for short "the State Commission") in Complaint No. C-478/15. By the impugned order, the State Commission has dismissed the Complaint in default on the ground that the Complainant had failed to file rejoinder and affidavit by way of evidence and had also not appeared on the last date of hearing when the order, impugned in this Appeal, was made.

(2.) In brief, the facts of the case are that the Complainant had booked a residential flat with the Respondent in their project, namely, "Cosmo City" located at Sector 103, Gurgaon, Haryana by paying the booking amount of Rs. 7,50,000/-. Thereafter, he further paid sums of Rs. 12,30,000/- and Rs. 1,46,23/- on 24.04.2012 and 29.10.2012 respectively. However, neither any allotment was made to him nor any construction was started at the site. In the year 2014, when he visited the office of the Respondent to know the exact status of the project, he was shocked on being informed that the allotment could not be made in his favour due to certain unavoidable reasons. Complainant was also compelled to sign a full and final settlement by the Respondent and the post-dated were issued to him. However, on presentation for encashment, the said post-dated cheques were dishonourerd on the ground of "insufficient fund". Thus, alleging deficiency in service on the part of the Respondent, the Complainant filed a complaint before the State Commission, Delhi praying a direction to them to (i) refund the sum of Rs. 24,07,216/- paid by him along with interest & 18% p.a.; and (ii) award a sum of Rs. 10,00,000/- towards the expenses, litigation costs and compensation for mental harassment.

(3.) The Complaint was listed for hearing before the State Commission on 20.07.2017 and since none was present on behalf of the Complainant on the said date, the following order was passed:-