This complaint has been filed by Shri Prabhjot Singh Sahni against M/s. Cosmic Structures Limited (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service.
2. The facts in brief are that the complainant Shri Prabhjot Singh Sahni, a retired Professor of Faculty of Law, University of Delhi, was approached by one Mr. Amarjit Singh at his residence in June 2013 and induced him to book a Professional Office, Type A in their project Corporate Park-2 situated at plot no. 5, Sector 140, Noida. The complainant being a retired Professor of Law, for his own professional use and to earn his livelihood, booked a Professional Office in the above said project and was allotted Unit bearing no. A-I-0808. The complainant handed over the booking amount through cheque to Mr. Amarjit Singh at his residence. The allotment letters/agreements were executed where OP agreed to deliver possession of the office to the complainant by June 2017. The booking was made under the flexi payment scheme and the OPs had to pay an assured return of 11% p.a. on the payments made by the complainant till handing over of the possession of the Unit. The complainant had made a total payment of Rs. 13,99,130/- on which a sum of Rs. 12,403/- per month was to be paid by the OPs as monthly assured return. The complainant did not receive the assured return from 01.04.2015 amounting to Rs. 3,72,090/- except one payment in June, 2015 amounting to Rs. 11,163/- after deducting TDS. The project was to be completed and possession handed over in the year 2017, but neither the construction of the tower started nor it was likely to be completed in near future. The complainant have been demanding assured return from the OPs, but they have ignored his request. The complainant has stated that by not delivering the possession of Unit and assured return, they have been deficient in their service. Thus, the complainant has prayed for directions to OPs to refund the deposited amount of Rs. 13,99,130/- alongwith 24% interest per annum from January 2013 till the date of realization; to pay a sum of Rs. 3,72,090/- being the assured return and Rs. 2,00,000/- for mental harassment suffered by the complainant.
3. Notice of the complaint has been published in the newspaper dated 26.02.2019, but none has appeared on behalf of OPs. Hence, they were proceeded ex-parte.
4. In support of its case, the complainant have examined himself. He has deposed on affidavit. He has narrated the facts which have been stated in the complaint. He has also got exhibited copy of Builder Buyer agreement dated 22.09.2014 (Ex.CW-1/A), assured return agreement dated 22.09.2014 (Ex.CW-1/B), cancellation notice dated 17.04.2014 (Ex.CW-1/C), statement of account received from OP (Ex.CW-1/D) and letters dated 03.08.2015 and 08.10.2015 (Ex.CW-1/E colly.).
6. We have heard the complainant and have perused the material placed on record. From the testimony of the complainant and the documents got exhibited in his testimony such as agreement dated 22.09.2014 (Ex.CW-1/A), assured return agreement dated 22.09.2014 (Ex.CW-1/B) and statement of account received from OP (Ex.CW-1/D), it is evident that the complainant was allotted Unit No. A-I-0808, Cosmic Corporate Park 2 situated at Plot No. 5, Sector 140, Noida, UP for which a total payment of Rs. 13,99,130/- was paid to OP on which a sum of Rs. 12,403/- was to be paid as assured return. Further, letter of dated 03.08.2015 and 08.10.2015 showed that OPs could not pay the assured return due to adverse market conditions. The cancellation notice of dated 17.04.2014 (Ex.CW-1/C) is much prior to the subsequent letters of dated 03.08.2015 and 08.10.2015 (Ex.CW-1/A) show that the company assured to make the payment of the assured return. Thus, from the testimony of the complainant which has gone unrebutted and the documents got exhibited, it is evident that M/s. Cosmic Structures Ltd. (OP) have failed to deliver the possession of Unit No. A-I-0808 nor they have made the payment of the assured return. By not doing so, there has been deficiency on the part of M/s. Cosmic Structures Ltd. (OP). When the possession of Unit No. A-I-080-8 have not been delivered nor the assured return have been paid, certainly, it has caused mental pain and suffering for which the complainant have to be compensated. In view of the above, we order that the complainant Shri Prabhjot Singh Sahni, be paid the deposited amount of Rs. 13,99,130/- alongwith 9% interest from the date of filing the complaint