DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.790 of 2018
Date of institution: 31.07.2018
Date of decision : 06.05.2019
Swaran Kaur wife of Late Shri Gurmeet Singh, resident of H.No.22, Chunni Khurd, P.O. Chunni Kalan, District Fatehgarh Sahib.
…….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. 201 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.11,05,000/-. Booking amount of Rs.20,000/- was paid on 29.10.2016 and thereafter complainant alongwith her son Jaswinder Singh entered into agreement of sale dated 23.01.2017 by paying amount of Rs.2,20,000/- through cheque dated 23.11.2016. Complainant further made payment of Rs.1,81,253/- vide cheque dated 03.05.2017. So complainant has paid an amount of Rs.4,21,253/- 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.4,21,253/- 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-5 and thereafter her counsel closed evidence.
4. Written arguments not submitted. Oral arguments heard and record gone through.
5. Perusal of receipt Ex.C-1 establishes that an amount of Rs.20,000/- was deposited by complainant with OP on 29.10.2016 and thereafter agreement Ex.C-2 dated 23.01.2017 was executed between parties. Though possession was agreed to be handed over within two years, but no construction on the spot carried out and that is why OP failed to handover possession by February, 2018. Even amount of Rs.2,20,000/- accepted from complainant on 29.11.2016 through receipt Ex.C-3, but Rs.1,81,253/- on 08.05.2017 through receipt Ex.C-4. So total amount of Rs.4,21,253/- has been accepted by OP from complainant, but despite that construction has not been started and that is why complainant through representation Ex.C-5 dated 08.03.2018 sought refund of the deposited amount, but the same has not been done and as such from the allegations leveled, it is established that OP adopted unfair trade practice. 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.4,21,253/- (Rs. Four Lakhs Twenty One Thousand Two Hundred Fifty three 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 OPs. 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
