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

                                  Consumer Complaint No.149 of 2015

                                 Date of institution:          07.04.2015

                                                    Date of Decision:            25.05.2016

Neelu Singh wife of Baljit Singh through her power of attorney holder Baljit Singh son of Dale Ram, resident of Flat No.403, Tower No.15, Royale-Estate, Chandigarh – Ambala Highway, Zirakpur, District Mohali.

                                             ……..Complainant

                                        Versus

Chandigarh Royale City Promoters Pvt. Ltd., Royale Estate, Chandigarh – Ambala Highway, Zirakpur, District Mohali through its Chairman/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 Gaurav Singla, counsel for the complainant.

                Shri Savinder Singh, counsel for the OP.

(Mrs. Madhu P. Singh, President)

ORDER

                The complainant has filed the present complaint through her attorney Baljit Singh and sought the  following direction to the Opposite Party (for short ‘the OP’) to:

1. refund her the amount of Rs.2,75,000/- with interest @ 18% per annum from the date of receipt till payment.

2. To pay her Rs.1.00 lac for harassment, mental agony and loss of precious time including travelling and other expenses.

(c)    to pay to her Rs.22,000/- as costs of litigation.

                The complainant alongwith one Mrs. Kiran Singla wife of Roop Lal registered 200 sq. yard plot in equal share with the OP by purchasing the same from Haravtar Singh and Davinder Kaur. Aforesaid Mrs. Kiran Singla was the first applicant and the complainant was the second applicant.  However, now aforesaid Mrs. Kiran Singla is not in touch with the complainant and thus she is filing the present complaint for taking refund of her share of 50% amount alongwith interest.

                An amount of Rs.5,50,000/- was paid by the complainant and Mrs. Kiran Singla to above said Haravtar Singh, out of which Rs.2,75,000/- was paid by the complainant being her 50% share vide cheque dated 25.06.2011.  The OP endorsed the name of the complainant as well as aforesaid Kiran Singla on the receipt No.591 which was originally issued to Haravtar Singh and Davinder Kaur. At that time the OP had also executed one advance registration form dated 27.06.2011 with the complainant in which all the terms and conditions were mentioned.  On the 3^rd page of the advance registration it was mentioned that ‘company will refund the booking amount or any paid up amount to the customer with 12% interest on request of customer if company does not get the approval of project within 12 months from the date of booking.’ Thereafter more than one year lapsed but the OP has failed to get approval for the project. The complainant approached the OP and requested for refund of the initial paid up amount alongwith interest but the OP has not paid any heed to the requests of the complainant. The complainant sent letter dated 20.10.2013 through registered post to the office at its corporate office address, which was received undelivered with the remarks ‘addressee left’.  The complainant again sent letter dated 02.12.2013 to the OP at its site office but no response has been given by the OP. The complainant also visited the site office on 15.12.2013 but found that the site office was locked. After lot of efforts the complainant found that the office of the OPs was in Sector 35 Chandigarh and at Royal Estate at Zirakpur and the complainant went there several times and requested for refund of the amount but the OP has refused to return the initial paid up amount. Finding no alternative, the complainant sent legal notice to the OP on 07.03.2015 but till date no reply was given by the OP. Thus, with these allegations the complainant has filed the present complaint.

2.             The OP in the preliminary objections of the written statement has pleaded that the complainant had purchased the plot with co-applicant Kiran Singla from Har Avtar Singh and Davinder Kaur and had paid the amount to them. Thus, the complainant and her co-applicant had purchased the plot from market just for getting profits. The complainant has illegally asked for refund of half of booking amount on the ground that she is not in touch with the co-applicant.  From the complaint it reveals that the complainant is not residing in India and she has purchased the plot for re-sale purposes.  Haravtar Singh and Davinder Kaur from whom the complainant and Mrs. Kiran Singla purchased the plot have not been impleaded as party. Moreover, the complainant purchased the plot in August, 2011 from the above said persons who only can file the complaint being the original purchasers.  The complainant has also filed another complaint No.151 of 07.04.2015 in which she claimed that she booked the plot measuring 200 sql yards in resale from Sanjay Mehta and Uma Mehta. It seems that the complainant used to purchase and sell the properties by investing the money in market by booking of plots in pre launch. Thus, the complainant is not consumer as defined under the Consumer Protection Act. The complainant is defaulter because she has not paid the amount/installment as agreed by her. The complainant alongwith co-applicant were bound to pay the installments  in the month of July, 2011 thereafter 1^st October, 2011 and January, 2012 and rest at the time of possession.  The complainant cannot ask for refund of half of the booking amount. The co-applicant has not filed the complaint against the OP which shows that the co-applicant has no grudge against the OP.  the OP got all the approvals to develop the project. The development at the site is completed and the basic infrastructure with basic amenities has also been established.  On merits, the OP has denied the averments made by the complainant and sought dismissal of the complaint.

3.             Evidence of the complainant consists of affidavit of Baljit Singh Ex.CW-1/1 and copies of documents Ex.C-1 to C-7.

4.             Evidence of the OP consists of affidavit of Anup Kumar, its authorised signatory Ex.OP-1/1 and copies of documents Ex.OP-1 to Ex.OP-35.

5.             We have heard learned counsel for the parties and have gone through the written arguments filed by them.

6.             Before we go into the merits of the complaint, it will be appropriate to appreciate the locus standi of the complainant in filing the present complaint.

7.             The present complaint has been filed by one Smt. Neelu Singh wife of Baljit Singh through her power of attorney holder Shri Baljit Singh son of Sh. Dale Ram, resident of Flat No.403, Tower No.15, Royale Estate, Chandigarh Ambala Highway, Zirakpur.  The power of attorney duly executed by the complainant in favour of Baljit Singh is Ex.C-1.  Perusal of Ex.C-3 i.e. the advance registration form shows that the complainant is a second applicant whereas the sole or first applicant is Mrs. Kiran Singla daughter of Shri Roop  Lal, meaning thereby that there are two applicants who have approached the OP for re-allotment of residential plot which was earlier allotted to one Haravtar Singh and   Mrs. Devinder Kaur in the records of the OP.  The OP have endorsed the payment of Rs.5,50,000/- earlier paid by the original allottee, now in favour of the co-applicants i.e. Smt. Kiran Singla and Mrs. Neelu Singh vide receipt No.591 dated 18.06.2011 Ex.C-2.  Thus, the amount of the Rs.5,50,000/- paid by the applicants to the OP is treated as booking amount for 200 sq. yard plot for the future project of the OP.  Thereafter, neither the complainant paid any further sums nor there is any allotment letter or buyers agreement issued by the OP. Thus, as on date the amount so deposited by the complainant with the OP, vide Ex.C-2 is only a booking amount. The applicants have sought refund of the deposited amount from the OP vide her legal notice dated 07.03.2016 Ex.C-6 sent through speed post Ex.C-7 and the OP has not responded thereto till date. Therefore, the complainant has filed the present complaint.

8.             The title of the complaint upon perusal clearly reveals that the complaint has been filed by one of the applicants i.e.  Smt. Neelu Singh where as Smt. Kiran Singla is not a complainant before this Forum. Further the complainant has sought refund of her share of the deposited amount i.e. 50% besides other reliefs. The bare reading of the application Ex.C-3 does not reveal the share of the complainant. Therefore, the present complaint without the consent and willingness of the other applicant Mrs. Kiran Singla, and further her being not a complainant before us either directly or through the power of attorney, seems to be a defective complaint. The power of attorney holder of the present complainant Shri Baljit Singh without the authority and consent of other co-applicant is not entitled to claim 50% of the deposited amount. 

9.             Thus the complaint being defective is hereby returned to the complainant alongwith the original documents and member sets with endorsement of date of institution and date of return. Photocopy of the complaint and documents be retained by this Forum for office record. Papers be consigned to the record room. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

May 25, 2016.     

                                 (Mrs. Madhu P. Singh)

                                                                        President

                                                        (Amrinder Singh Sidhu)

Member

(Mrs. R.K. Aulakh)

                     Member