BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.268 of 2015
Date of institution: 04.05.2015
Date of Decision: 12.10.2015
Mukesh Garg son of Mohan Lal Garg, resident of House No.282, Bank Street, Nabha, District Patiala.
……..Complainant
Versus
BCL Homes Limited having its office at village Kishanpura, adjacent to Sector 20, Panchkula, NAC Zirakpur, District Mohali, Punjab through its Directors/Managing Director.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh Sidhu, Member
Mrs. R.K. Aulakh, Member.
Present: Shri Mukesh Garg, counsel for the complainant.
OP ex-parte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint seeking following directions to the OP to:
(a) refund him Rs.5,00,000/- alongwith interest @ 18% per annum.
(b) pay him Rs.50,000/- for physical harassment and mental agony.
(b) pay him Rs.11,000/- as costs of litigation.
The complainant has booked a 3 BHK apartment having 2170 sq. ft. area with the OP in its upcoming project and the OP has accepted the expression of interest in favour of the complainant vide its letter dated 08.05.2012 Ex.C-1. As per expression of interest letter. The total cost of the flat was Rs.45.00 lacs. Out of the said agreed amount, the booking amount was Rs.5.00 lacs and Rs.10.00 lacs was to be paid at the time of possession and the remaining was to be paid by the complainant in 240 installments of Rs.12,500/- per month each starting from the offer of possession. As per complainant he has paid following amounts to the OP on 08.05.2012 against receipts:
Sr.No. | Amount | Receipt No./date |
1 | 1,00,000.00 | 4458/08.05.2012 |
2. | 1,50,000.00 | 4457/08.05.2012 |
3. | 38,900.00 | 4456/08.05.2012 |
4. | 1,00,000.00 | 4455/08.05.2012 |
5. | 1,00,000.00 | 4459/08.05.2012 |
6. | 11,111.00 | 4454/08.05.2012 |
Total: | 5,00,000.00 | |
The perusal of Ex.C-1 i.e. letter of expression of interest does not show any time frame of offer of possession. On 18.07.2014 vide Ex.C-9 the complainant has surrendered the registration of the property alongwith the original receipts issued by the OP and the same having been duly acknowledged by the OP. The complainant also submitted his affidavit 16.08.2014 to the OP. The grievance of the complainant is that despite having surrendered the original payment receipt and request for cancellation/surrender of registration of property, the OP has failed to refund the deposited amount to him and by not doing so the OP has indulged into deficiency in service.
2. The OP inspite of proper and effective service, did not appear. None having appeared on its behalf despite service, the OP was proceeded against exparte vide order dated 19.08.2015.
3. In order to prove his case the complainant has tendered in evidence his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-9.
4. We have heard learned counsel for the complainant and have gone through the written arguments submitted by him.
5. Perusal of Ex.C-1 clearly shows that the complainant has booked a 3 BHK flat with the OP and paid the booking amount of Rs.5.00 lacs in terms of payment plan mentioned in Ex.C-1. The deposit of Rs.5.00 lacs is duly proved by the complainant vide receipts Ex.C-2 to C-7. Therefore, the complainant has proved discharge of his obligation of making payment of the booking amount as per Ex.C-1. The onus was on the OP to show the offer of possession and thereafter the complainant was to make balance payment of Rs.10.00 lacs at the time of offer of possession. As per the affidavit Ex.C-8 and request letter of cancellation/surrender, the OP has failed to start the project till the date of filing of the affidavit dated and, therefore, the complainant has rightly sent the cancellation/surrender of property alongwith original receipts issued by the OP for refund of payment of Rs.5.00 lacs. The cancellation/refund request having been duly acknowledged and the same is on the printed format issued by the OP. Therefore, it is amply clear that the OP is in receipt and possession of the request letter of cancellation alongwith original receipts of Rs.5.00 lacs from the complainant since 18.07.2014. The retention of the said amount of Rs.5.00 lacs and non refund of the same by the OP is an act of deficiency in service and unfair trade practice as the OP has retained the legal property of the complainant and deprived him of its use and benefit since its deposit on 08.05.2012. Therefore, the complainant has proved his case.
6. Admittedly the amount of Rs.5.00 lacs remained in the possession of the OP and the OP has utilized this money for furtherance of its own cause and without giving any benefit to the complainant, the complainant is squarely entitled to minimum interest @ 12% per annum as has been held by the Hon’ble Punjab State Consumer Disputes Redressal Commission in case titled Brigadier B.S. Taunque (Retd.) & others Vs. M/s. Sangeetashree Builders & Developers International Private Limited and others, 2014 (2) CLT 401.
7. in view of the above discussions, the complainant is allowed. The OP is directed to:
(a) to refund to the complainant booking amount of Rs.5.00 lacs with interest @ 12% per annum from the date of deposit till realization.
(b) a lump sum compensation of Rs.20,000/- (Rs. Twenty thousand only) for mental agony, tension, harassment and costs of litigation.
The OP is directed to comply with these directions within a period of 30 days from the date of receipt of a certified copy of this order. Certified copies of the orders be sent to the parties free of costs and thereafter the file be consigned to the record room.
Pronounced.
October 12, 2015
(Mrs. Madhu P. Singh)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
