| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Consumer Complaint No. 354 of 13.9.2017 Decided on: 29.11.2018 1. Kedar Nath Bansal aged 68 years S/o Shri Ruldu Ram r/o Green View Colony, Cantt Road Nabha, District Patiala. 2. Anil Bansal, aged 57 years S/o Shri Prem Parkash, resident of Hira Mehal Colony, Nabha, District, Patiala. …………...Complainants Versus Emerging Valley Pvt. Ltd., Corporate Office SCO46-47, First Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh through its Managing Director/Director- Branch Office at SCO No.19, First Floor, Shri Guru Ravidass Mandir, Near Hotel Flyover, Dukhniwaran Sahib Road, Patiala. …………Opposite Party Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Smt. Neelam Gupta, Member Sh.Kanwaljeet Singh, Member ARGUED BY: Sh.N.S.Sidhu,Advocate, counsel for complainant. Opposite party ex-parte. ORDER NEELAM GUPTA, MEMBER - The brief facts of the complaint are that the complainants got booked a show room space measuring 250 sq.ft in Emerging World situated on Landran-Banur Road vide their application No.5908 and deposited a sum of Rs.9,73,500/- with the OP, for personal use. Vide letter dated 25.3.2013, the OP confirmed having received an amount of Rs. 9,73,500/- against the booking of showroom space and guaranteed the complainants the return of Rs.10,000/- every month till the date of offer of possession of the show room to them by the OP. So far no offer has been made to deliver the possession of the said show room to the complainants. The arrears for 16 months upto August 2017 are payable by the OP. The complainants have requested the OP many times to pay the arrears of guaranteed income for the said show room but all in vain. Complainants got issued a legal notice dated 3.7.2017 and which was duly received by the OP. The OP neither made the payment of the arrears of guaranteed income nor refunded the full booking amount of Rs.9,73,500 alongwith interest @18% per annum.The OP also failed to give any reply to the said legal notice.It is prayed that the complaint may kindly be accepted and the OP be directed to pay the arrears of the guaranteed income as detailed above and also to refund the booking amount alongwith interest @18% per annum from the date of booking till the date of payment, Rs. one laK as compensation and Rs.25000/-as litigation expenses.
- Notice of the complaint was duly served upon the OP but it did not come present to contest the complaint and was proceeded against exparte vide order dated 10.1.2018.
- In exparte evidence, the ld.counsel for the complainant has tendered into evidence Ex.CA affidavit of Anil Bansal alongwith documents Ex.C1, copy of legal notice, Ex.C2, copy of confirmation letter from the OP, Exs.C3 to C7 copies of TDS forms of the complainant No.2, Ex.C8 copy of chart of OP showing buy back options and close the evidence.
- We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- During arguments the contention of the ld. counsel for the complainant is same as taken in the complaint so there is no need to reiterate the same.From the copies of documents Exs.C1 to C8, it is revealed that the OP had received an amount of Rs.9,73,500/-, against the booking of showroom space in their project Emerging World on Landra-Banur Road and they also agreed to pay guaranteed amount of Rs.10,000/- every month till the date of offer of possession of the showroom to the complainants.
- As per Ex.C2, OP has acknowledged the receipt of the amount of Rs.9,73,759/- and also greed to pay guaranteed return of Rs.10,000/- per month till the date of delivery of possession of the showroom. In the present case, the OP was irregular in making the payment of guaranteed return of this sum of Rs.10,000/- per month and thus guaranteed return of Rs.10,000/- for 16 months till August , 2017 is pending towards the OP. Till date the OP has neither made the payment of the arrears of the guaranteed amount nor delivered the possession of the showroom to the complainants. Such an act on the part of the OP, amounted to deficiency in service on its part. Moreover, failure on the part of the OP to contest the claim of the complainant shows indifferent attitude of the OP to redress the grievance of the complainants.
- Resultantly, we partly allow the complaint and direct the OP to refund the amount of Rs.9,73,500/- to the complainants alongwith interest @9% per annum from the date of deposit till payment .The OP is also directed to pay an amount of Rs.10,000/- as compensation. Compliance of the order be made by the OP within a period of 45 days from the date of receipt of the certified copy of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED DATED:29.11.2018 KANWALJEET SINGH NEELAM GUPTA MEMBER MEMBER | |
