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

                                  Consumer Complaint No.594 of 2015

                                                Date of institution:  03.11.2015                                         Date of decision   :  18.10.2016

Amit Kumar son of Roop Lal, resident of House No.2109, First Floor, Sector 44-C, Chandigarh.

                                  ……..Complainant

                                        Versus

Jarnail Singh Bajwa son of Shri Bishan Singh, Managing Director, Bajwa Developers Limited, Regd. Office Sunny Enclave, Desumajra, Tehsil Kharar, District SAS Nagar (Mohali)

                                                              ………. Opposite Party

Complaint under Sections 11 and 12

of the Consumer Protection Act

Quorum

Shri Ajit Pal Singh Rajput, President 

Shri Amrinder Singh Sidhu, Member

Mrs. R.K. Aulakh, Member.

Present:    Shri A.K. Maleri, counsel for the complainant.

                Shri Kulwinder Singh, counsel for the OP.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant, Amit Kumar son of Roop Lal, resident of House No.2109, First Floor, Sector 44-C, Chandigarh has filed the present 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:

2.             The complainant had entered into an agreement  dated 04.05.2011  with the OP for purchase of 1 BHK Flat BR No.30 in Sector 74-A/117 measuring 480 sq. ft. for a total sale consideration of Rs.12,52,000/-. The complainant at that time paid Rs.3,12,500/- vide two cheques dated 18.04.2011 and 03.05.2011.  At the time of agreement, the OP assured the complainant to pay the remaining amount in installments and the final payment was to be made on 03.11.2012 i.e. 10 days prior to the date of registration of sale deed.   The complainant had paid three more installments of Rs.1,87,800/- each on 04.09.2011, 12.02.2011 and 03.06.2012. Thus, the complainant had paid a total sum of Rs.8,75,900/- to the OP but the complainant had not started the construction of the flats so far.  The complainant requested the OP to refund the amount but no refund has been made to him. Hence this complaint for giving directions to the OP to refund the deposited amount of Rs.8,75,900/- alongwith interest @ 15% per annum; compensation of Rs.2,00,000/- for deficiency in service; Rs.1,00,000/- for harassment and mental agony and Rs.25,000/- as litigation expenses.

3.             The complaint is contested by the OP by filing reply, in which it had raised certain preliminary objections, inter alia, that the this Forum has no pecuniary jurisdiction to entertain and try the complaint as the relief claimed in the complaint comes to Rs.22,52,900/- which is beyond its pecuniary jurisdiction; the complainant is stopped by his own act and conduct as he himself had agreed to pay the installments due within stipulated period as per agreement to which the complainant has failed, as per Clause 3 of the agreement the amount deposited by the complainant is liable to be forfeited. There is no ‘consumer-service provider’ relationship between the complainant and the OP. On merits, the OP has denied the averments of the complaint and prayed for its dismissal.

4.             In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1 and copy of agreement to sell dated 04.05.2011 Ex.C-1. In rebuttal the OP tendered in evidence affidavit of Jarnail Singh Bajwa, its MD Ex.OP-1/1.

5.             It has been argued by learned counsel for the complainant that 1 BHK Flat BR No.31 in Sector 74-A/117 measuring 480 sq. ft. for a total sale consideration of Rs.12,52,000/-. The complainant had paid a total sum of Rs.8,75,900/- with the OP  upto 03.06.2012.  However, the OP had failed to start any construction due to which the complainant sought refund of the deposited amount but no reply was given by the OPs. 

6.             On the other hand, the learned counsel for the OP has contended that the complainant has committed default in making payment of installments as per buyers agreement dated 04.05.2011.  The complainant himself has agreed to pay the installments within the stipulated period as per the buyers agreement.  Learned counsel for the OP has relied upon the decision of Hon’ble State Consumer Disputes Redressal Commission Punjab in case titled as M/s. Bajwa Developers Ltd. Vs. Gurinder Singh in First Appeal No.329 of 2015 decided on 01.08.2016, in which the Hon’ble State Commission while relying upon the decision of Hon’ble National Commission in 2015(1) CPJ 514 (Randhir Singh and Anr. Vs. Omaxe Chandigarh Extension Developers Pvt. Ltd.)  has held in Para No.9 that as  the complainants were  defaulter in not making the payment of installments; to which they had agreed, they were not entitled to any interest.

7.             We have gone through the pleadings, evidence and written arguments of the parties and heard the oral submissions, addressed by the learned counsel for the parties. We are of the opinion that in the present case also the complainant had paid Rs.8,75,900/- to the OP but did not pay the remaining installments as it is established from the material placed on record by the complainant. Thus the complainant cannot be held entitled to any interest on the deposited amount.

8.             In view of our aforestated discussion and the judgment citied by the OP of Hon’ble State Commission, Punjab in case titled as M/s. Bajwa Developers Ltd. Vs. Gurinder Singh (Supra), we are of the view that the present case is also covered by the aforestated judgment.

9.             Accordingly, we direct the OPs to refund the deposited amount of Rs.8,75,900/- (Rs. Eight lacs seventy five thousand nine hundred only) to the complainant. We also find that the complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony caused due to negligent act of the OP and litigation cost of Rs.5000/- (Rs. Five thousand only).   The present complaint stands partly allowed accordingly.            

                The OPs are further directed to comply with the order of this Forum within 45 days from the date of receipt of this order, otherwise the OPs shall be liable to pay 8% interest per annum on the total cost awarded.

                The arguments on the complaint were heard on 13.10.2016 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: 18.10.2016    

                                         (A.P.S.Rajput)           

President

(Amrinder Singh Sidhu)

Member

                (Mrs. R.K. Aulakh)

Member