DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.791 of 2018
Date of institution: 31.07.2018
Date of decision : 06.05.2019
Mandeep Kaur wife of Shri Kamaljit Singh, resident of village Badiala, District Bathinda, Punjab.
…….Complainant
Versus
The Managing Director, Best Zone Builders & Developers Private Limited, SCF No.4, Shivalik City, Sector 127, Kharar, Landran Road, Mohali.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member
Present: Shri Nirmal Singh Kandhola, cl. for the complainant.
OP Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant booked one BHK bearing Unit No. 101 measuring 600 sq. ft. on 2nd floor in project known as Orchid Floors situate on Kharar Landran Road, Sector 115, Mohali, on basic sale price of Rs.12,05,000/-. Booking amount of Rs.10,000/- was paid on 29.10.2016 and thereafter complainant entered into agreement of sale dated 23.01.2017 by paying amount of Rs.2,40,000/- through cheque dated 23.11.2016. On 29.11.2016 complainant further made payment of Rs.1,97,566/- vide cheque dated 03.05.2017. So complainant has paid an amount of Rs.4,47,566/- in all. Possession was undertaken to be handed over complete in all respects by month of February, 2018, but no construction work has been started, and as such OP not in a position to hand over possession of the unit. Despite submission of representation dated 08.03.2018 and repeated requests, refund of deposited amount has not been done and that is why this complaint by claiming deficiency in service on part of OP for seeking refund of the deposited amount of Rs.4,47,566/- with interest @ 18% per annum.
2. OP is ex-parte in this case.
3. Complainant to prove her case tendered in evidence her affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-4 and thereafter her counsel closed evidence.
4. Written arguments not submitted. Oral arguments heard and record gone through.
5. Receipt Ex.C-2 establishes deposit of Rs.2,40,000/- by complainant with OP on 23.11.2016, whereas receipt Ex.C-3 establishes deposit of Rs.1,97,566/- by complainant with OP on 08.05.2017. Except these amounts, no other amount shown to be deposited and as such complainant able to establish as if she deposited Rs.4,37,566/- with OP out of sale consideration price stipulated through agreement of sale Ex.C-1. Construction work not carried on the spot at all and that is why complainant through letter Ex.C-4 dated 08.03.2018 sought for refund of the deposited amount. Even affidavit of complainant establishes that no construction carried on the spot and as such OP virtually adopted unfair trade practice by falsely assuring to handover possession, but without fulfilling that obligation. Acceptance of sale consideration of the plot after making false promise of delivery of possession, amounts to unfair trade practice and as such certainly complainant entitled for refund of paid amount with interest @ 12% per annum from the dates of deposits till payment in view of law laid down by Hon’ble State Consumer Disputes Redressal Commission Punjab in CC No.716, 789, 835 etc. of 2017 titled as Mangal Singh Kondal & others Vs. Bajwa Developer & Another and First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another, decided on 30.07.2018.
6. As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.4,37,566/- (Rs. Four Lakhs Thirty Seven Thousand Five Hundred Sixty Six only) with interest @ 12% per annum with effect from the dates of deposits till payment. Compensation for mental harassment and agony of Rs.25,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against the OP. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
May 06, 2019
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
