DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.512 of 2018
Date of institution: 04.05.2018 Date of decision : 26.02.2019
Chunni Lal son of Shri Surjan Singh, resident of House No.455/4, Ward No.8, Near Satluj School, Kishangarh Road, Shahbad Markanda, District Kurukshetra, Haryana.
…….Complainant
Versus
Emerging India Housing Corporation Ltd., SCO No.46-47, First Floor, Sector-9, Madhya Marg, Chandigarh, through its Managing Director.
2nd Address: Regd. Office: B-57, Lower Ground, South Extension, Part-2, New Delhi-49.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Shri Baldev Singh Sodhi, counsel for complainant.
OP Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant, after knowing reputation of OP as a known colonizer and developer, purchased corporate office of size of 250 sq. ft. at Mohali for earning his livelihood by way of self employment. Booking form was duly filled and thereafter complainant remained successful in draw of lots held on 30.03.2012. Entire sale price of the show room/corporate office of Rs.11,25,000/- was deposited on different dates, detail whereof given as under:
Date | Amount paid (in Rs.) |
13.03.2012 | 25,000.00 |
12.05.2012 | 2,81,250.00 |
13.10.2012 | 1,68,750.00 |
30.03.2013 | 1,20,000.00 |
05.06.2013 | 48,750.00 |
30.05.2014 | 1,70,000.00 |
22.09.2014 | 1,70,000.00 |
26.03.2015 | 1,66,250.00 |
Total: | 11,25,000.00 |
Oral agreement on 13.03.2012 was arrived at as per which possession of the show room/corporate office was to be handed over by OP to complainant on 31.12.2015. However, no construction work was found to have started on the spot by complainant during his visit in December, 2015. Though assurance for completion of construction work by 31.10.2017 was given, but despite that construction work not started on the spot and that is why by claiming adoption of unfair trade practice by OP, this complaint filed after serving legal notice dated 22.12.2017 for seeking refund of paid amount of Rs.11,25,000/- with interest @ 18% per annum from the dates of deposits. Compensation for mental harassment and agony of Rs.2.00 lakhs and litigation expenses of Rs.51,000/- more claimed.
2. OP is ex-parte in this case.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-10 and then closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Contents of affidavit Ex.CW-1/1 alongwith receipts Ex.C-1 to Ex.C-8 establishes as if amount of Rs.11,50,000/- has been deposited by complainant with OP. However, despite deposit of entire sale consideration amount, construction of project has not been started by OP, even though assurance for delivery of possession initially by 31.12.2015 was given. Despite service of legal notice Ex.C-9 through postal receipt Ex.C-10 amount has not been refunded and as such certainly OP adopted unfair trade practice. OP accepted full sale consideration amount in violation of provisions contained in Sections 6, 9 and 12 of PAPRA Act, 1995 read with Rule 17 thereof and as such certainly complainant entitled for refund of entire paid amount with interest @ 12% per annum with effect from the dates of deposits till payment. In holding this view, we are fortified by 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. Rs.25,000/- were deposited by complainant on 13.03.2012 vide receipt Ex.C-1, whereas Rs.2,81,250/- on 12.05.2012 vide receipt Ex.C-2; Rs.1,68,750/- on 13.10.2012 vide receipt Ex.C-3; Rs.1,20,000/- on 30.03.2013 vide receipt Ex.C-4; Rs.48,750/- on 05.06.2013 vide receipt Ex.C-5; Rs.1,70,000/- on 30.05.2014 vide receipt Ex.C-6; another amount of Rs.1,70,000/- more on 22.09.2014 vide receipt Ex.C-7 and Rs.1,66,250/- on 26.03.2015 vide receipt Ex.C-8. It is well settled that technicalities should not stand in the way of administration of justice to a consumer and as such relief to which consumer actually is entitled must be allowed. So refund of amount of Rs.11,50,000/- with interest and compensation for mental agony and harassment and litigation expenses is ordered through this order.
7. As a sequel of above discussion, complaint allowed with direction to OP to refund received amount of Rs.11,50,000/- (Rs. Eleven Lakhs Fifty Thousand only) with interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.20,000/- (Rs. Twenty thousand only) and litigation expenses of Rs.5,000/- (Rs. Five thousand only) more allowed in favour of complainant and against OP. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
February 26, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
