DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.618 of 2018
Date of institution: 13.06.2018 Date of decision : 26.02.2019
Sharwan Kumar aged 50 years son of Chuhar Ram, resident of village Sulakhni, P.O. Gholpura, 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 about reputation of OP through advertisements and pamphlets, approached OP for purchase of residential plot measuring 150 sq. yards and after paying booking amount of Rs.25,000/-, balance amount of Rs.10,42,000/- in all was paid, details of which are given below:
Date | Amount paid (in Rs.) |
03.08.2012 | 25,000.00 |
01.09.2012 | 25,000.00 |
03.10.2012 | 5,00,000.00 |
13.10.2012 | 1,92,000.00 |
28.07.2013 | 1,50,000.00 |
22.08.2013 | 1,50,000.00 |
Total: | 10,42,000.00 |
Complainant remained successful in draw of lots and thereafter as per oral agreement dated 03.09.2012, assurance was given for delivery of possession on or before 31.12.2015. Complainant during his visit in December, 2015 on the spot found as if no construction work has been started and thereafter on being contacting to employees of OP, assurance was got as if possession will be delivered by last week of May, 2016. As construction work not carried on the spot at all and as such on being contacted, OP assured for refund of deposited amount of Rs.10,42,000/- by 30.04.2018, but despite that amount has not been refunded even after legal notice dated 03.05.2018 through counsel was served. So by pleading deficiency in service on part of OP, prayer made for refund of deposited amount of Rs.10,42,000/- with interest @ 18% per annum from the dates of deposits. Compensation for mental agony and harassment 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-8 and then closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Contents of affidavit Ex.CW-1/1 shows as if amount of Rs.10,42,000/- deposited by complainant with OP on different dates as referred above, but in fact deposit of amount of Rs.8,67,500/- only is proved by producing documents namely receipts/cheques/deposit slips Ex.C-1 to C-6. In fact cheque Ex.C-5 bearing No.189652 dated 28.07.2013 of amount of Rs.1,50,000/- was got encashed by OP through bank slip Ex.C-6. Same cheque No.189652 with same date of 28.07.2013 and same amount of Rs.1,50,000/- finds mention in bank slip Ex.C-6. So it has to be taken as if Rs.1,50,000/- was deposited by complainant with OP on 28.07.2013. Another amount of Rs.1,92,500/- was deposited by complainant with OP on 13.10.2012 through cheque Ex.C-4, but amount of Rs.5.00 lakhs deposited on 03.10.2012 vide receipt Ex.C-3 and Rs.25,000/- deposited by complainant with OP on 03.09.2012 vide receipt Ex.C-1. Total of these amounts comes to Rs.8,67,500/- and as such complainant able to prove as if he deposited Rs.8,67,500/- with OP. Entitlement of complainant is for refund of these deposited amounts only, more so when project work not started, despite repeated assurance of delivery of possession of residential plot on or before 31.12.2015 and then in May, 2016. Receipt Ex.C-2 shows deposit of Rs.25,000/- by Jaswinder Kaur for booking of show room and as such this receipt Ex.C-2 certainly pertain to different transaction of booking of residential plot by complainant with OP. So entitlement of complainant for refund of this amount of Rs.25,000/- deposited through Ex.C-2 by Jaswinder Kaur is not there. Separate remedy in that respect may be availed by Jaswinder Kaur, if so desired.
6. As OP committed violation of Sections 6, 9 and 12 of PAPRA Act read with Rule 17 thereof and as such 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, entitlement of complainant for refund of deposited amount of Rs.8,67,500/- with interest @ 12% per annum from the dates of deposit till payment is there. In view fault of OP, complainant had to file this complaint after suffering mental agony and harassment and as such he is entitled for compensation under this head alongwith litigation expenses.
7. As a sequel of above discussion, complaint allowed with direction to OP to refund received amount of Rs.8,67,500 (Rs. Eight Lakhs Sixty Seven Thousand Five Hundred 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
