The National Consumer Dispute Redressal Commission in the case Sumit Mansingka & Anr versus. E-Homes Infrastructure Pvt Ltd, wherein the bench comprising of the Presiding member, Justice Ram Surat Ram Maurya and Dr. Inder Jit Singh as a member who has directed the E- Homes Infrastructure for paying the entire amount which is being deposited by the complainants including Rs. 4,10,000/- which is being incurred for purchasing of stamp papers and the amount which the ICICI Bank advanced along with an interest rate of 9% p.a. from the date of the deposit till the date of the payment is being made. The complaint filed was heard by the commission, wherein directing the opposite party to refund the balance principal amount along with an interest of 18% p.a. and other such reliefs. However, the complainants heard about the housing project which is called “The Jewel Of Noida” the project is being undertaken as a housing group project and the same was launched by the opposite party. In the project, a flat was booked by the complainant for their own-use and deposited a booking amount of Rs.2,00,000/-. The complainants were being allotted a flat for the total consideration of an amount of Rs.8235000/-. As per the payments plan, the amount was being paid of instalments by the complainant. A loan has also been taken by the ICICI Bank which was directly paid to the opposite party. Therefore, the total amount which is being paid by the complainant was Rs.9198984/- and then the opposite party sent a final demand letter. Thus, when an occupation certificate was demanded by the complainants, the party got annoyed and cancelled their allotment. Accordingly, the refunds were made to the ICICI Bank but an amount deposited of Rs.2,00,000/- which belongs to the complainants was forfeited and no interest was paid towards this amount, from the date of taking of loan till the closure of the loan account, an amount was paid of by the complainants of Rs.1018012/- towards the EMI. A stamp of Rs.411000/- was purchased by the complainants for sub-lease deed. An objection was raised by the opposite party on the pecuniary jurisdiction of the national commission. The court stated that the complainants received the offer of possession cum demand but instead of making payment the complainants indulged in anti-social activities against the builder which created a serious problem before the opposite party. Complainant no.1 was found indulging in criminal activities which included extortion and endangering the property of the opposite party and other allottees of the complex. The complainant’s allotment was being cancelled and the loan amount was being returned to the ICICI Bank Ltd. according its statement of account. Thus, the opposite party was being entitled to forfeit 10% of the total consideration and on cancellation of the allotment as being forfeited with such remaining amount. It has been observed by the national commission that the allotment of the complainant was cancelled on the grounds that the complainants were indulged in criminal activities. There being no proof of such facts. It has also been noted by the commission that the copy of FIR against the complainant no.1 has not been filed by the opposite party. Further, it was stated that the cancellation letter was not based on any valid reason and the same is arbitrary. It has also been noted by the bench that the complainants do not seek relief of the possession as the flat, as the flat has been already sold by the opposite party. Thus, the complainants are also being entitled for money which is deposited by them along with interest. Further, it has been directed by the bench that the Opposite Party to pay entire amount deposited by the complainants including Rs.410000/- incurred for purchasing stamp papers and the amount advanced by ICICI Bank Ltd. along with the interest @9% per annum which is being from the date of respective deposit, till the date of the payment mad and wherein adjusting the amount which is already paid to ICICI Bank Ltd., within a period of two months which is from the date of judgement.
