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

                                  Consumer Complaint No.352 of 2016

                                                Date of institution:  10.06.2016                                         Date of decision   :  29.08.2017

Gursewak Singh son of Sadhu Singh, resident of Maholi Kalan, District Sangrur.

                                  ……..Complainant

                                        Versus

1.     The Managing Director, Bajwa Developers Ltd., SCO No.17-18, Sunny Enclave Desu Majra, District SAS Nagar, Mohali.

2.     The Manager, Bajwa Developers Ltd., SCO No.17-18, Sunny Enclave Desu Majra, District SAS Nagar, Mohali.

                                                           ………. Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President

Shri Amrinder Singh Sidhu, Member.

Mrs. Natasha Chopra, Member.

Present:    Shri Lal Singh Sandhu, counsel for the complainant.

                Shri Kulwinder Singh, counsel for the OPs.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Gursewak Singh has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant vide agreement to sell dated 31.05.2011 purchased one BHK BR No.1232, Khata Number Sunny Khasra Number Apartment of Village F21, Mohali, Sector 74A, 117 measuring 450 sq. ft. (approx.) for a total consideration of Rs.12,50,100/-. The complainant had paid a total sum of Rs.10,63,700/- through installments  to the OPs. The last installment was to be paid at the time of possession of the flat. At the time of execution of the agreement to sell the OPs had assured that the possession of the apartment shall be handed over to the complainant on 03.12.2012 which was extended to 10.01.2013 by the OPs. Till date no building has been erected qua the apartment nor there is any construction work going on at the site. The OPs were extending the time on one pretext or the other. Failing to get any authentic response from the OPs, the complainant got issued legal notice dated 10.02.2016 but no response has been received from the OPs.  Hence this complaint for giving directions to the OPs to either handover possession of the flat or to refund the deposited amount of Rs.10,63,700/- alongwith interest @ 18% per annum from the dates of payment till realisation and Rs.80,000/-  litigation expenses alongwith adequate compensation for harassment.

3.             The complaint is contested by the OPs by filing reply, in which they had raised certain preliminary objections, inter alia, that the complainant has committed default in making payments of installments, as per agreement an amount Rs.3,13,000/- deposited by the complainant is liable to be forfeited.  The complainant is stopped by his own act and conduct to file the complaint. Approvals of the project are under process and it will take time for getting the approval and handing over the possession of the flat. LOI was received by the OP from the GMADA on 19.05.2014.  The complainant had paid only Rs.10,63,700/- out of Rs.12,52,000/- and as per terms of the agreement, the amount of biana is liable to be forfeited.  On merits, the OP has denied the averments of the complaint and prayed for dismissal of the complaint.

4.             In order to prove the case, the counsel tendered in evidence affidavit of the complainant as Ex. CW-1/1; copies of agreement to sell Ex.C-1; legal notice Ex.C-2; courier receipt Ex.C-3; order of the Forum Mark-A; two photographs Ex.C-4 and RTI information Ex.C-5. In rebuttal, counsel for the OP tendered in evidence affidavit of Jarnail Singh Bajwa, MD Ex.OP-1/1.

5.             It has been argued by learned counsel for the complainant has argued that  the complainant has purchased  one BHK BR No.1232, Khata Number Sunny Khasra Number Apartment of Village F21, Mohali, Sector 74A, 117 measuring 450 sq. ft. (approx.) for a total consideration of Rs.12,50,100/-. Learned counsel has argued that the complainant had paid a total sum of Rs.10,63,700/- to the OPs as per the agreement to sell  dated 31.05.2011. Learned counsel for the complainant has argued that the complainant visited the OPs number of times but no satisfactory reply regarding handing over the possession of the apartment was given to him rather the OPs and rather the OPs had been extending the date of possession on one pretext or the other. Learned counsel has thus prayed that as there is no construction activity taking place at the site, now the amount deposited by the complainant may be got refunded alongwith interest and compensation for mental agony, harassment besides costs of litigation. 

6.             On the other hand, the learned counsel for the OPs has contended that the complainant has committed default in making payment of installments as per agreement to sell dated 31.05.2011.  Learned counsel for the OPs further argued that all the necessary approvals and sanctions for the project in question are under process and there is no deficiency in service on the part of the OPs.

7.             We have gone through the pleadings, evidence and written arguments of the parties and heard the oral submissions addressed by their learned counsel. We are of the opinion that in the present case the complainant had paid Rs.10,63,700/-  to the OPs on different dates towards sale consideration of the apartment. As per the agreement to sell dated 31.05.2011 Ex.C-1 the possession of the apartment was to be handed over to the complainants by 03.12.2012 which was extended by the OPs on one pretext or the other.  The complainant has stated that there is no development at the site and has produced photographs Ex.C-4 in support of this contention. The OPs have not been able to produce any record to prove that the construction work is complete and they had offered the possession to the complainant before the stipulated date. Thus, the complainant is entitled to receive the deposited amount alongwith interest. The Hon’ble State Consumer Disputes Redressal Commission in Ms. Sneh Sood Vs. M/s. Bajwa Developers Ltd. in Consumer Complaint No.240 of 2016 decided on 23.02.2017 has ordered refund of the deposited amount of the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund.

8.             Accordingly, in view of our aforesaid discussion, we direct the OPs to refund the deposited amount of Rs.10,63,700   (Rs. Ten Lakhs Sixty three Thousand seven hundred only) to the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due to the negligent act of the OP and litigation cost of Rs.10,000/-  (Rs. Ten thousand only). The present complaint stands allowed accordingly.   

                The OPs are further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 12% per annum from the date of this order till realisation.

                The arguments on the complaint were heard 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: 29.08.2017    

                                         (A.P.S.Rajput)           

President

(Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member