Order No. 16 dt. 22/04/2019
The case of the complainant in brief is that the complainant made two applications dated 27.05.2014 & 24.03.2014 with M/s Alchemist Township India Ltd expressing interest in acquiring undivided portion of land after development of the land in the housing project at Park Avenue, Talwandi Bhai , Tehsil – Zeera, Dist- Firozpur, Punjab, against payment of Rs.2,00,000/- on 27.05.2014 and Rs30,000/- on 24.03.2014 to the op-company . Accordingly, two certificates of property had been issued by the o.p. vide the indenture with the allotment no. TA05413540 dt 17.06.2014 & TA05330217 dt 14.042014 respectively with assurance of allotment of developed plot of land in the preject of the ops. It was also assured in the said certificate/ indenture that in the event of non-allotment the plot as agreed to offer by the company, an amount of 2,30,000/-(Rs Two Lakh Thirty thousand only) in total would be refunded on or after due date . After expiry of the said date the complainant repeatedly requested the o.p. for payment of the said amount by issuing letters but o.p. did not respond to the demand of the complainant. Complainant had issued legal notice on 05.12.2017.But the o.p. remained unmoved to such notice. Finding no other alternative complainant filed this case praying for direction upon the o.p for refund of Rs2,30,000/- with compensation of Rs.1,50,000/- and litigation cost of Rs.20,000/-.
Op-1 has contested the case by filing wv stating inter alia that this forum has no jurisdiction to entertain the case which is a civil dispute stating interalia that the complaint does not fall under the C P Act and denied all material allegations. As op-2 has failed to submit wv the case has been proceeded exparte against other opt-2.The op-1 by filing this petition prayed for non maintainability of the case. On the basis of the pleadings of the respective parties following points are to be decided:-
On the basis of the pleading of the parties the following points are to be decided.
- Whether there was any deficiency in service on the part of the o.ps?
- Whether the complainant is entitled to get any relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld lawyer of the complainant argued that complainant made two applications dated 27.05.2014& 24.03.2014 with M/s Alchemist Township India Ltd expressing interest in acquiring undivided portion of land after development of the land in the housing project at Park Avenue, Talwandi Bhai , Tehsil – Zeera, Dist- Firozpur, Punjab, against payment of Rs.2,00,000/- on 27.05.2014 and Rs30,000/- on 24.03.2014 to the op-company . Accordingly, two certificates of property had been issued by the o.p. vide the indenture with the allotment no. TA05413540 dt 17.06.2014 & TA05330217 dt 14.042014 respectively with assurance of allotment of developed plot of land in the preject of the ops. It was also assured in the said certificate/ indenture that in the event of non-allotment the plot as agreed to offer by the company, an amount of 2,30,000/-(Rs Two Lakh Thirty thousand only)in total would be refunded on or after due date . After expiry of the said date the complainant repeatedly requested the o.p. for payment of the said amount by issuing letters but o.p. did not respond to the demand of the complainant. Complainant had issued legal notice on 05.12.2017.But the o.p. remained unmoved to such notice. Finding no other alternative complainant filed this case praying for direction upon the o.p for refund of Rs2,30,000/- with compensation of Rs.1,50,000/- and litigation cost of Rs.20,000/-.
Ld lawyer of theop-1 argued that this forum has no jurisdiction to entertain the case which is a civil dispute stating inter alia that the complaint does not fall under the C P Act and denied all material allegations.
Considering the submissions of the respective parties and on perusal of the materials on record it is evident that complainant paid money against assurance of allotting land after development of the land within the project of the op-company within a stipulated period ie within 27.05.2017. It was specifically stated in the certificate that an amount Rs.2,30,000/-would be refunded after the maturity period ie after 27.05.2017 as mentioned in the certificates in the event of failure to hand over the developed land as agreed by the op-company. Op- company had failed to fulfill the assurance of providing the plot. The date of maturity of the certificates were expired long before. Even after of expiry of the said certificate the assured amount had not been paid by the o.p. in spite of repeated request by the complainant. Complainant paid his heard earn money to purchase a plot of land with development. Allowing opportunity of hearing both the parties on the petition regarding maintainability of the case the petition has been dismissed in limini. On the basis of the said evidences on record and since no material challenge with evidence against the complainant has been made by o.p.-1 to controvert the demand of the complainant, we are of the view that there was deficiency of service towards refund of assured amount in time. we, therefore, have no other alternative but to accept the case of the complainant. Thus the case is disposed of accordingly.
Hence, ordered.
That the case no.14/2018 is allowed on contest against op-1 and exparte against op-2 with cost. The o.ps. are jointly & severally directed to pay a sum of Rs.2,30,000/-(Rupees Two lakh Thirty Thousand) only to the complainant along with compensation of Rs.20,000/- (Rupees Twenty Thousand) only for harassment and mental agony and litigation cost of Rs.5,000/- within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
