Jammu and Kashmir

Jammu

CC/512/2017

AVTAR SINGH - Complainant(s)

Versus

CHAIRMAN SAINIK CCOLONYCOPEATIVE SOCIRTY - Opp.Party(s)

DR CHOUDHARY

08 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No                   52/DFJ           

 Date of  Institution       01-05-2015

 Date of Decision            19-04-2018

 

Avtar Singh,

S/O Ajit Singh,

R/O H.No.55-A Sector-4,

Nanak Nagar,Jammu.

                                                                                                                               Complainant

                       V/S

1.Chairman Sainik Co-operative House

   Building Society Ltd.Jammu.(Sainik Colony).

2.Secretary Sainik Co-operative House

   Building Society Jammu.

                                                                                                                        -Opposite parties

CORAM

                  Khalil Choudhary    (Distt.& Sessions Judge)  President

                  Ms.Vijay Angral                                                     Member

                  Mr.Ghulam Sarwar Chauhan                              Member.

 

In the matter of    Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

     

Mr Anil Sharma,Advocate for complainant, present.

 Mr.Nirmal Kotwal,Advocate for Ops,present.

                                                      

                                                              ORDER

                      Facts relevant for the disposal of complaint in hand are that  complainant is resident of J&K and is serving in Defence Force of the Indian Union as Commissioner Officer and  the Op is a House Building Society registered under the name of Sainik Co-operative House Building Society Ltd.Jammu vide J&K Co-operative Societies Act No.XXVIII of 1960 to carry out housing and welfare activities for serving, as well as,Ex-Servicemen for therefore was interested to purchase residential plot in a defence colony,OP1 is a sole legal entity and is entitled to sue or to be sued,whileas the other OP2&3 are the Chairman and Secretary of the society who are jointly and severally liable for the acts of the society. That in the month of June,2010 the society invited applications from serving and retired defence personnel for allotment of 10/20 marlas plots and issued a Broacher containing relevant information regarding payment of instalment and allotment of plot, the OP further in order to allure the applicants that all those who pay the amount in lump-sum will be allotted plot on priority basis and of their choice, the broacher containing all the relevant information issued by the society is marked as Annexure-A.

               Inter alia it is mentioned that while being insisted by the information published in broacher and print media, the complainant registered himself with the society by paying Rs.1000/-as membership fee and Rs.10,000/-as registering fees total amounting to Rs.11,000/-vide receipt No.5006 and Book No.51 dated 26-07-2010(Annexure-B) .Further the complainant was allotted a regd.No.1201 and he paid Rs.1,00,000/-as first instalment vide receipt No.7770 Book No.78 dated 14-08-2010 (Annexure-C) and the complainant had paid all the requisite insalments from time to time as mentioned in the broacher and the last and final installment paid by the complainant of Rs.2,48,000/-vide receipt No.12856 Book No.129 dated 13-02-2012 (Annexure-D). Further the case of complainant is that despite of deposit of this whole consideration amount and frequent visits made by him to the society office for allotment of plot,Ops categorically denied the said allotment on one pretext or the other.

                         It is also mentioned in the complaint that after receiving full and final payment, the society through its Secretary issued a letter dated 20-07-2012 to the complainant informing him that all those who had made full payment are tentatively allotted the plot in Phase-1 of Defence Colony Vill Dabuj and Rakh Rara near Thandi Khui and the complainant falls under priority category (Annexure-E).        Further the grievance of complainant is that after a long wait and visiting society’s office numerous times, each and every time he was returning with false assurance having no hope of any allotment, complainant was left with no other option except to withdraw the hard earned money, complainant moved an application for withdrawing the deposited amount alongwith interest and after hard struggle and efforts, he was able to get sanction for withdrawing the deposited amount from the society and lastly he was issued cheque No.000125 dated 12-03-2014 amounting to Rs.6.59,000/-as principal amount and registration fee, but without interest which the society have earned for such a huge amount. Aggrieved by the decision of society for non-payment of interest, complainant approached this Forum. In the premises of the aforesaid facts and circumstances, complainant has prayed that the Ops are directed to pay interest @ 18% on the deposited amount and in addition also pay Rs.1, 00,000/-as compensation towards harassment and mental agony faced by the complainant

                         On the other hand,OPs filed written version and resisted the complaint on the ground that the complaint filed by the complainant is not maintainable. The complainant himself choose to file an application for withdrawal of deposited amount, the Ops have issued cheque for an amount of Rs.6,59,000/-i.e. principal amount and registration fee to the complainant . In the objections Ops have mentioned that the complainant is not consumer within the meaning of Section 2(d) of Consumer Protection Act. That there was no agreement between the parties payment of interest and complainant is stopped from claiming interest on the amount, once the amount has been accepted by him without any protest. This is mainly the objection as taken by Ops and a prayer is made for dismissal of complaint.

                Complainant adduced evidence by way of duly sworn evidence affidavit. Complainant has placed on record copy of brochure, copies of receipts, copy of payee A/C cheque for an amount of Rs.6,59,000/-issued by OP and copy of letter issued by OP to complainant.

                 On the other hand,Ops adduced evidence by way of duly sworn evidence affidavits of Amar Singh Elected Chairman of the House Building Society and Rattan Lal Elected Secretary.

                   We have perused case file and heard L/Cs for the parties at length.

                  While seeing to the facts on record and to the objections filed by Ops,it all the least that would reveal for consideration of the Forum is that there does not appear to be so serious question of fact and law for any disposal by this Forum, except involving a simple bare fact that as to whether the Ops have been failure in their dealing while providing plot to the complainant or not, further also whether the Ops have taken the full amount in lieu of cost of plot and booking charges towards membership. The Ops themselves have admitted in their objections that virtually the Ops have taken the said amount from the complainant in lieu of cost of plot, as well as, membership in total amounting to Rs.6,59,000/-. The evidence as put in the complaint by both the sides is again clear reiteration of similar facts put by the parties in their respective pleadings, so the evidence part also does not require any further elucidation to avoid further repetition in the case.

                The last but least to say, this Forum after hearing to the rival contentions of the parties and also while being alive to the pleadings and evidence put on in the case, it come to the fore only that the complainant has very actively responded to the advertisement of the Ops to let himself as the member of the society for booking and allotment of the plot. The application form filled by the complainant and the membership amount of Rs.11,000/-paid by the complainant are on the file. For the rest of the amount also as having been paid by the complainant in piece meal towards full consideration amount also does find mention on the file. The letter dated 20-07-2012 issued by Ops informing the complainant that all those who have made payment are tentatively allotted the plot in phase-I of defence colony ,but after waiting for more than 6 month,  nothing was done by the Ops,complainant left with no other option except to withdraw the hard earned money and lastly the Ops paid principal amount and registration fee, but without interest. All this record, the least would reflect before this Forum is that no kind of remiss or any lapse could ever be attributed to the complainant where it can be said that he had either back tracked from the said transaction or has not paid the settled amount in lieu of the cost of the plot.However,record on the file all together as put points to only the failure on the part of Ops,to stand by the terms of the transaction as agreed with the complainant and thus have not allotted the plot for whatever may be the reasons to it.

           So legally speaking it is proved from all corners in the case that the complainant has been consumer as per the provisions in the Act and the Ops have been proved themselves as deficient in providing adequate and fair service for which the complainant needs to be compensated with adequate compensation. Accordingly the best and befitting course which the Forum feels as adequate step to redress the grievance of complainant,Ops are directed to pay interest @ 7% per annum w.e.f.12-03-2014 (i.e.date of issuance of cheque for an amount of Rs.6,59,000)till its realisation. Apart from this, complainant also deserves compensation on account of litigation expenses for which he is granted further amount of Rs.3000/-as litigation expenses and Rs.5000/-more as compensation on account of mental torture and harassment meted out to him at the hands of Ops. Copy of this order be provided to both the parties, as per requirement of the Act. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

  Order per President                                              Khalil Choudhary

                                                                          (Distt.& Sessions Judge)

                                                                                    President

Announced                                                         District Consumer Forum

19-04-2018                                                                Jammu.

Agreed by                                                               

      

Ms.Vijay Angral          

  Member                                                                                              

 

Mr.Ghulam Sarwar Chauhan

Member