DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                      Consumer Complaint No.240 of 2016

                                                Date of institution:  28.04.2016                                         Date of decision   :  13.02.2017

1.     Suman Kumar Arora son of Shri L.D. Arora

2.     Smt. Prem Lata wife of Shri Suman Kumar Arora,

        Both residents of House No.1126, Sector 35-B, Chandigarh.

 ……..Complainants

                                        Versus

Ansal Properties & Infrastructure Ltd., through its Managing Director, Regional Office: SCO 183-184, Madhya Marg, Sector 9-C, Chandigarh.

IInd Address: Ansal Golf Links, Sector 114, SAS Nagar (Mohali).

                                                             ………. Opposite Party

Complaint under Sections 11 and

12 of the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President                          Ms. Natasha Chopra, Member.

Present:    Shri H.S. Kang, counsel for the complainants.

OP ex-parte.

ORDER

By Ajit Pal Singh Rajput, President

                Complainants Suman Kumar Arora and Smt. Prem Lata have filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Sections 11 and 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

                The complainants submitted application with the OP for allotment of a plot measuring 150 sq. yards. The complainants were allotted Plot No.81 at Ansal Golf Links Sector 114, Mohali. As per the requirement of the OP, the complainants paid a sum of Rs.4,20,000/- through cheque dated 02.02.2007; Rs.2,00,000/- through cheque dated 30.03.2007 and Rs.43,375/- through cheque dated 30.03.2007.  Thereafter, neither the OP issued the allotment letter to the complainants nor demanded further payments from them.  Thus, the complainants vide letter dated 01.04.2016 requested the OP to refund their deposited amount. However, no reply was given by the OP to this letter.  The complainants had been visiting the OP but till date the OP has not refunded the amount to the complainants.  Hence the complainants have sought direction to the OP to allot them the plot in Sector 114, Ansal Golf Links, SAS Nagar (Mohali); to pay them compensation to the tune of Rs.2.00 lakhs on account of mental agony, harassment and litigation expenses of Rs.40,000/-. 

2.             Notice sent to the OP was served on the first address on 30.08.2016. None appeared for the OP on 19.10.2016 despite repeated calling. Hence, the OP was proceeded against ex-parte.

3.             In order to prove the case, the complainant No.1 tendered in evidence his affidavit Ex. CW-1/1;  affidavit of complainant No.2 Ex.CW-1/2; copies of receipt Ex.C-1; cheque Ex.C-2; receipt Ex.C-3 cheque Ex.C-4; receipt Ex.C-5; letter dated 29.03.2007 Ex.C-6; cheque Ex.C-7; letters Ex.C-8 and C-9; legal notice Ex.C-10; postal receipts Ex.C-11 and C-12 and letter regarding price of the plot Ex.C-13.

4.             The learned counsel for the complainants has submitted that the OPs neither allotted them the plot nor refunded the amount deposited by the complainants. Learned counsel argued that since there is no development at the site as such the amount may be got refunded to the complainants.

5.             After hearing the learned counsel for the complainant and going through the pleadings, evidence and the written as well as oral submissions, it is established from the material placed on record that the complainant had deposited a sum of Rs.6,63,375/- with the OPs vide receipt  Ex.C-1, C-3 and  C-5. It is also proved on record by the complainants vide Ex.C-6, C-8, C-9 and legal notice Ex.C-10 that they had been requesting the OP either to allot the plot or in the alternative refund them the deposited amount.  During the course of arguments, learned counsel for the complainant has submitted that the amount deposited by the complainants may be got refunded to them alongwith interest as they are not interested for allotment of the plot at this stage. Ample opportunity was given to the OP to appear in this Forum to contest the complaint but it did not appear despite receipt of notice which amounts to admission of the averments of the complaint and that the OP does not want to say anything in this regard.

6.             Accordingly, in view of our aforesaid discussion, we direct the OP to refund to the complainants their deposited amount of Rs.6,63,375/- (Rs. Six lakhs sixty three thousand three hundred seventy five  only) alongwith interest @ 9% per annum from the respective dates of deposit till actual refund. We also find that the complainants are entitled to compensation of Rs.25,000/-  (Rs. Twenty five thousand only) on account of mental agony, harassment  and also Rs.10,000/- (Rs. Ten thousand only) towards litigation cost. The present complaint is hereby accepted. 

                The OP is further directed to comply with the order of this Forum within 45 days from the date of receipt of this order.

                The arguments on the complaint were heard on 06.02.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 13.02.2017    

                                         (A.P.S.Rajput)           

President

        (Ms. Natasha Chopra)

Member