DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Complaint No. 157 of 2017
Dated of institute 27.02.2017
Decided On 20.12.2017
Mrs. Deepika Garg W/o Mr. Rajiv Garg, R/o #447/448 Kurali printing press, Ward No. 12, Subzi Mandi, Kurali, District Mohali
Complainant………
Vs
- Emerging India Housing Corporation (P) Ltd. Also known as Emerging Valley Pvt Ltd, though its Managing Director, Corp. Office: SCO 46-47, Near Matka Chowk, Madhya Marg, Sector-9 D, Chandigarh-160009.
- Emerging Valley Pvt Ltd. Also known as Emerging India Housing Corporation (P) Ltd through its Manager, Trinity Homes, Located at Emerging Valley, Landran –Banur Road, Mohali.
Opposite Parties…..
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Sh. G.K. Dhir, President,
Ms. Natasha Chopra, Member
Present:- Sh.Gaurav Gupta, cl for the complainant
OP No.1 ex-parte
OP No.2 gave up.
Order by :- Sh. G.K. Dhir, President.
Order
The complainant, a house wife after falling in the trap of the OPs purchased a residential flat by paying the booking amount of Rs. 3 lacs on 25.01.2013. The OPs allotted to the complainant two BHK flat on 07.02.2013 in their project known as “Emerging Valley Pvt Ltd” on ground floor. Provisional allotment letter no. DOC/EV/TH/160 was allotted. Basic sale price of the flat was fixed as Rs.15,90,000/- , but despite that the OPs never executed any buyer agreement in that respect, despite the fact that the complainant had been making the payment of installments from time to time as per the demands raised by the OPs. Pass book of PNB Bank account of the complainant shows that payment of 10 installments of Rs. 6,96,000/- made through cheques by the complainant to OP No1. Despite acceptance of this amount the construction and development work had not been started on the spot till February, 2014. When the complainant served legal notice on the OPs on 05.01.2017 for calling up on them to refund the received amount with interest @ 12% P.A. as mentioned in clause K of the issued letter, then they refused. However, as per intimation got under the Provisions of the Right to Information Act, 2005 from GMADA, no license issued to the Emerging Valley Pvt Ltd and as such it is claimed that the complainant has become the victim of deficient services provided by the OPs as well as of the unfair trade practice adopted by the OPs. The actual physical possession of the flat neither delivered nor the buyer agreement executed despite repeated demands and as such the complainant filed the present complaint for seeking refund of the paid amount of Rs.6,96,000/- with interest @ 7 % P.A from the date of payments till actual realization. Compensation for mental harassment and litigation expenses of Rs. 2 lacs more claimed.
2 Complaint against OP No.2 was withdrawn by suffering statement in that respect on 04.07.2017 by counsel for the complainant and as such the complaint against OP No.2 stands dismissed as withdrawn.
3. OP No1 is ex-parte in this case.
4. Counsel for the complainant tendered in evidence affidavit of the complainant Ex CW1/1 along with documents Ex C-1 to Ex C-11 and thereafter closed the evidence.
5. Written arguments submitted by the complainant through counsel. Oral arguments were also heard and records gone through.
6. Ex C-1 is letter of offer of provisional allotment dated 07.02.2013 whereas Ex C-2 is copy of terms and conditions of allotment, but Ex C-3 to Ex C-8 are receipts showing the payment of different amounts on different dates by the complainant to OP No.1. Ex C-9 is the copy of statement of accounts of the complainant with PNB showing payment of Rs. 3,96,000/- on nine occasions to OP No.1. Amount of Rs. 44,000/- paid on each of these nine occasions starting from 07.03.2013 to 28.02.2014 to OP No.1. So certainly submission advanced by counsel for the complainant has force that amount of Rs. 3,96,000/- actually has been paid by the complainant to OP No.1, in addition to the initial booking amount of Rs. 3 lacs evidenced through receipt Ex C-3 dated 31.01.2013.
7. Ex C-11 is the intimation received by the complainant under the RTI Act from the GMADA showing as if license to OP No.1 for developing the colony in question was not granted due to non fulfillment of the conditions by him. If such license has not been granted to OP No.1, then certainly OP No.1 is not in a position to construct the flats on the site in question. Despite this inability of OP No.1 to construct the flats or develop the colony on the spot, hefty amount of Rs.6,96,000/- retained by him even after knowing that he is not in a position to hand over the possession of the flat in question to the complainant as per Clause K of the terms and conditions placed on record as Ex C-2. That virtually amounts to an act of cheating and adoption of unfair trade practice also and as such in view of clause k of Ex C-2, certainly OP No.1 liable to refund the booking received amount with interest @ 12% P.A.. However when confronted with this position in the course of arguments, then counsel for the complainant claimed that interest @ 7 % P.A. from the date of respective payments till realization is claimed by relinquishing the right of recovery of 12 % P.A. interest . That relinquishment voluntarily done by the complainant for bringing the case within the pecuniary jurisdiction of this Forum and as such interest in excess of the demanded rate of 7 % P.A cannot be granted. As the complainant was kept in dark by OP No.1 deliberately and as such the complainant certainly stood mentally harassed and has to bear expenses for filing this complaint. So complainant entitled to compensation for mental harassment of Rs. 25,000/- and litigation expenses of Rs. 5,000/-
8. As a sequel of the above discussion, complaint is allowed ex-parte against OP No.1 by directing OP No.1 to refund the received amount of Rs.6,96,000/- with interest @ 7 % P.A from the date of receipt of payment by OP No.1 till reimbursement of the amount. Compensation for mental agony and harassment of Rs. 25,000/- and litigation expenses of Rs. 5,000/- more allowed in favour of the complainant and against OP No.1. Payment of these amounts will be made within 30 days from the date of receipt of certified copy of the order. Certified copy of the order be supplied to the parties free of cost and thereafter the file be consigned to the record room.
Announced
December 20, 2017
(G.K. Dhir)
President
(Ms. Natasha Chopra)
Member
