State Consumer Disputes Redressal Commission
Kapil Monga And Another vs Realtech Infrastructure Ltd. on 13 March, 2026
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
HARYANA
CONSUMER COMPLAINT NO. SC/6/CC/260/2019
KAPIL MONGA AND ANOTHER
PRESENT ADDRESS - R/O 204, SFS FLATS, MUNIRKA VIHAR, NEW DELHI. ,HARYANA.
.......Complainant(s)
Versus
REALTECH INFRASTRUCTURE LTD.
PRESENT ADDRESS - D-22, DEFENCE COLONY, NEW DELHI. ,HARYANA.
.......Opposite Party(s)
BEFORE:
MR. S . P . SOOD , JUDICIAL MEMBER
MR. SURESH CHANDER KAUSHIK , MEMBER
FOR THE COMPLAINANT:
MR. KAPIL KUMAR MONGA AND MRS. SONIA MONGA, COMPLAINANTS IN
PERSON.
FOR THE OPPOSITE PARTY:
MS. RUBY GUPTA PROXY COUNSEL FOR MR. PRANJAL P. CHAUDHARY,
COUNSEL FOR THE OPPOSITE PARTIES.
DATED: 13/03/2026
ORDER
STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 05.08.2019 Date of Final Hearing: 13.03.2026 Date of Order: 13.03.2026 Consumer Complaint No.260 of 2019
1. Kapil Kumar Monga S/o Sh. Madan Mohan Lal, R/o 204, SFS Flats, Munirka Vihar, New Delhi-110067.
2. Sonia Monga W/o Kapil Kumar Monga, R/o 204, SFS Flats, Munirka Vihar, New Delhi-110067.
Also At: 82, SFS Flats, First Floor, Munirka Vihar, New Delhi-110067.
.....Complainants Versus
1. Realtech Infrastructure Limited through its Managing Director/authorized signatory registered office: D-22, Defence Colony, New Delhi, South Delhi, DL 110024, India.
2. FBD One through its Managing Director/authorized signatory situated at Sector 37, Delhi Mathura Highway, Urban Estate, Faridabad, Haryana- 121002.
...Opposite Parties
CORAM: SH. S.P. SOOD, JUDICIAL MEMBER
SH. S.C. KAUSHIK, MEMBER
Present:- Mr. Kapil Kumar Monga and Mrs. Sonia Monga, complainants in
person.
Ms. Ruby Gupta proxy counsel for Mr. Pranjal P. Chaudhary, counsel for the opposite parties.
ORDER PER: S.P. SOOD, JUDICIAL MEMBER:
Complainants had made payments towards booking of two units for residential purposes in the project of OPs namely Vesta Heights. OPs started demanding money from the complainants regarding allotment of said units. Complainants made payment of Rs.10,00,000/- on 04.01.2007 vide cheque No. 268146, Rs.10,00,000/- on 08.01.2007 vide cheque No. 268150, Rs.8,50,625/- on 06.12.2007 vide cheque No. 284425 and Rs.8,50,625/- on 08.12.2007 vide cheuqe No. 284427. OP issued receipt of said payments vide receipt No. RIL/Apr08/9 and RIL/Apr08/10 dated 22.04.2018. Despite receiving substantial amount, OPs neither issued any letter of communication to the complainants as to when possession of said units will be handed over to the complainants nor informed the complainants any updates regarding the same. OPs apprised the complainants that the said project Vesta Heights was never being accomplished and complainants were advised to transfer their bookings in another upcoming IT project in Sector 37, Delhi Mathura Highway, Faridabad. OP vide letter dated 07.04.2008 informed the complainants that their bookings were transferred in the said upcoming project on their request. However, no request was made on behalf of complainants for the same. Complainant sought refund of their money from the officials of the OP but such request was ignored by the OP. In consonance of the Buyers Agreement and registration of allotment with respect to the said IT project, OP failed to issue the same. The possession of the units was supposed to be handed over to the complainants within 36 months from the date of execution of the Buyers Agreement with an extended period of 6 months. However, possession of units in IT project was not handed over the complainants till date. As per plea, there is deficiency in service on the part of OPs. Complainants filed complaint for issuance of directions to OPs to handover the possession of said units to complainants; in the alternate to pay Rs.37,01,250/- being the amount paid by complainants; to pay interest on the amount paid; to pay Rs.5,00,000/- on account of mental torture, harassment and to pay Rs.5,00,000/- towards litigation expenses.
2. Upon notice, OP No.1 filed its written defence and stated that OP No. 2 is only a building and is not a legal entity, therefore, the name of OP No. 2 ought to be deleted. Amount paid by the complainant was an investment (now fully returned) in the project known as City Emporio Mall, Chandigarh being developed by M/s Realtech Constructions Pvt. Ltd. Complainant is a property broker and if he had paid money for the purchase of property he would have obtained allotment letters and builder buyer agreement. Complainant has founded his claim on two receipts dated 22.04.2008, which are fake and forged and have not been signed by the duly authorized person of OP. The letter dated 07.04.2008 is also fake and forged.
Complainant Mr. Kapil Monga was associated with M/s Realtech Constructions Pvt. Ltd. which was an erstwhile sister concern of OP. Complainant paid Rs.20,00,000/- to M/s Realtech Constructions Pvt. Ltd., however in some collusive understanding between complainant and Mr. Pankaj Dayal, Director of M/s Realtech Constructions Pvt. Ltd. said amount was routed through the bank accounts of OP. Upon receipt of Rs.20,00,000/- OP transferred the said amount to M/s Realtech Constructions Pvt. Ltd. on 11.01.2007. Complainant paid Rs.17,01,250/- to OP which was also transferred to M/s Realtech Constructions Pvt. Ltd. on 17.12.2007. Complainant was allotted shops in City Emporio Mall at Chandigarh being developed by M/s Realtech Constructions Pvt. Ltd. against the consideration shown in the present complaint and has encashed his investment in City Emporio Mall. There was separation of management between M/s Realtech Constructions Pvt. Ltd. and M/s Realtech Infrastructure Ltd.-OP No. 1 in June 2011 and from 21.09.2012, OP is no more associated with the M/s Realtech Constructions Pvt. Ltd. Some of the clients who booked through complainant had already been granted possession in FBD-One Project. OP has completed the construction of the area sold and obtained the occupancy certificate on 22.05.2020 from DTCP, Haryana. Complainant was paid Rs.2,43,658/- towards brokerage charges by account payee cheque in the financial year ended on 31.03.2015. With an intention to avoid litigation, complainant was offered possession of an area measuring 685 sq. ft. (super area) towards full and final settlement of all his claims. Said area was computed @Rs.4500/- per sq. ft. (as claimed by the complainant) and Rs.900/- towards other charges/deposits. However, complainant with ulterior motive has not come forward to negotiate and take possession of said area. As per plea, the amount of Rs.10,00,000/- vide cheque No. 268146 dated 04.01.2007, Rs.10,00,000/- vide cheque No. 268150 dated 09.01.2007, Rs.8,50,625/- vide cheque No. 284425 dated 06.12.2007 and Rs.8,50,625/- vide cheuqe No. 284427 dated 08.12.2007 was transferred to M/s Realtech Constructions Pvt. Ltd. As per plea, there is no deficiency in service on the part of OPs.
3. Parties to this lis led their respective evidence (oral as well as documentary). Learned counsel for the complainants has tendered duly sworn affidavit Ex.C-A of Mr. Kapil Kumar Monga-complainant No.1 and also relied upon documents Ex.C-1 to Ex.C-5 and closed the evidence on behalf of complainants on 28.02.2023. OPs tendered duly sworn affidavit-Ex.OP-A of Yogesh Gupta S/o Late Sh. J.C. Gutpa to support their defense and also relied upon documents Ex. OP-1 to Ex. OP-3 and closed the evidence through statement of counsel on 03.05.2024.
4. We have heard learned counsel for the parties at length and with their able assistance; we have also perused the material brought on record of this complaint.
5. Learned counsel for the complainant has contended that complainants have paid total amount of Rs.37,01,250/- to OPs against total sale consideration price of subject units. It is urged that OPs have failed to deliver possession of subject units in time. It is further urged that complainant is entitled to possession of said unit or in the alternative refund of the total deposited amount along with interest on the deposited amount.
6. Per contra, learned counsel for OPs has urged that the project of the OPs is complete and some of the other allottees have occupied the units allotted to them. OPs have obtained the occupancy certificate on 22.05.2020 from DTCP, Haryana in respect of the said project. Receipts dated 22.04.2005 and letter dated 07.04.2008 is fake and forged and has not been issued by the OPs. The amount received by the OPs from complainant has been transferred to M/s Realtech Constructions Pvt. Ltd.
7. Complainants booked unit with OPs and paid amount of Rs.37,01,250/- (Ex.C- 1 and Ex.C-2) to OPs. Complainants' expressed grievance is that OPs have not delivered physical possession of subject units to them in time. A perusal of Ex.C-1 and Ex.C-2 reflects that the complainants have paid Rs.37,01,250/- to OPs. A further perusal of Ex.C-3 i.e. letter dated 07.04.2008 issued by OP No. 1 to complainants reflects that their booking in Vesta Heights Projects of OP was transferred to the upcoming IT project in Faridabad by OPs. In order to substantiate its claim OPs have submitted that the amount paid by complainants was transferred to M/s Realtech Constructions Pvt. Ltd. (sister concern) and against that amount M/s Realtech Constructions Pvt. Ltd. allotted shops in City Emporio Mall at Chandigarh being developed by M/s Realtech Constructions Pvt. Ltd. However, OPs have failed to produce on record any cogent evidence in support of their contention. In wake of above, this Commission observes that there is deficiency in service on the part of OPs in not delivering the possession of the units in time. This being so; present compliant deserves acceptance. Direction is hereby issued to OPs to refund the deposited amount of Rs.37,01,250/- to complainants along with interest @ 6% per annum from the date of filing of present complaint within 45 days from the date of order, failing which, complainants are entitled for interest @ 9% p.a. on the said amount of Rs.37,01,250/- for the defaulted period. Accordingly, this complaint is allowed in aforesaid terms.
8. Application(s) pending, if any stand disposed of in terms of the aforesaid judgment.
9. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.
10. File be consigned to record room.
13th March, 2026 S.C. Kaushik S.P. Sood
Member Judicial Member
Addl. Bench Addl. Bench
D.K.
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S . P . SOOD
JUDICIAL MEMBER
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SURESH CHANDER KAUSHIK
MEMBER