Complainant Gurnam Singh has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to pay Rs.5,75,000/- alongwith 24% interest pending from opposite party to him as per G.R.I. Schedule as per the contract of opposite party with him from June 2015 till date and possession of flat no.PH-06/GF-16 may kindly be ordered to be delivered to him.

2.        The case of the complainant in brief is that he had purchased a 2 BHK Flat which is called Prabh Homez bearing Flat No.PH-06/GF-16 against the application no.PBH1093 in the Tower No.06 from the company of opposite party for a total sum of Rs.29,90,000/- and same is situated at Landran Banur Road, Mohali, Punjab which was booked by him at registered office of the opposite party situated at Y.P.Tower, Jail Road, Gurdaspur through its Branch Manager Suresh Sharma in July 2013 and hence he is consumer of the opposite party. While booking the abovesaid 2 BHK Flat he had taken said flat in Guaranteed Rent Interest (GRI) Plan Scheme according to which he had to pay 95% amount of the total amount of said flat and thereafter he has to receive a guaranteed amount of Rs.25,000/- per month till the delivery of possession of said flat to him and he had paid Rs.26,08,225/- to the opposite parties as per terms and conditions of the agreement with the opposite parties. He has further pleaded that he had paid Rs.5,50,000/- to opposite parties on 18.07.2013 alongwith application form for booking the flat. Thereafter he had paid Rs.9,50,000/- on 25.07.2013 as second installment and Rs.11,08,225/- on 08.08.2013 as third installment. He has next pleaded that as per agreement fourth and final installment was to be paid by him to the opposite party at the time of delivery of possession of the said flat to him. It was stipulated in his agreement with the opposite party that in lieu of advanced money of 95% received by the opposite party. The opposite party shall return the guaranteed Interest (GRI) @ per month Rs.25,000/- to him from August 2013 onwards till the possession of the said flat is not to be delivered by opposite parties to him. As per the agreement opposite party had paid the said Guaranteed Rent Interest (GRI) @ 25,000/- per month from August 2013 to December 2014 and thereafter opposite party had illegally arbitrarily and against the provisions of agreement has stopped paying the said GRI to him nor opposite party had delivered the possession of the said flat to him till date and this act and conduct of the opposite party is clear cut deficiency in service on the part of the opposite parties.  Opposite party is liable to pay the said GRI of Rs.5,75,000/- alongwith interest 24% interest to him. Hence this complaint.

3.       Notice issued to the opposite party no.2 had not been received back. Case called several times, but none had come present on its behalf. It is therefore, proceeded against exparte vide order dated 21.4.2017. Opposite party no.1 had been served through publication, but none had come present on behalf of opposite party no.1. It is, therefore, proceeded against exparte vide order dated 30.10.2017.

4.     Complainant tendered into exparte evidence his own affidavit Ex.CW1/A and of Suresh Kumar Ex.CW-2/A , alongwith other documents Ex.C1 to Ex.C19 and closed the evidence. 

5.       Ld. counsel for the complainant has argued that  complainant had purchased a 2 BHK Flat which is called Prabh Homez bearing Flat No.PH-06/GF-16 against the application no.PBH1093 in the Tower No.06 from the company of opposite party for a total sum of Rs.29,90,000/- which was booked by complainant at registered office of the opposite party situated at Y.P.Tower, Jail Road, Gurdaspur through its Branch Manager Suresh Sharma in July 2013. While booking the abovesaid 2 BHK Flat he had taken said flat in Guaranteed Rent Interest (GRI) Plan Scheme according to which complainant had to pay 95% amount of the total amount of said flat and thereafter complainant had to received a guaranteed amount of Rs.25,000/- per month till the delivery of possession of said flat to him and he had paid Rs.26,08,225/- to the opposite parties as per terms and conditions of the agreement with the opposite parties. He had paid Rs.5,50,000/- to opposite parties on 18.07.2013 alongwith application form for booking the flat. Thereafter he had paid Rs.9,50,000/- on 25.07.2013 as second installment and Rs.11,08,225/- on 08.08.2013 as third installment. As per agreement fourth and final installment was to be paid by him to the opposite party at the time of delivery of possession. It was stipulated in his agreement with the opposite party that in lieu of advanced money of 95% received by the opposite party. The opposite party shall returned the guaranteed Interest (GRI) @ per month Rs.25,000/- to him from August 2013 onwards till the possession of the said flat is not to be delivered by opposite parties to him. As per the agreement opposite party had paid the said Guaranteed Rent Interest (GRI) @ 25,000/- per month from August 2013 to December 2014 and thereafter opposite party had illegally arbitrarily and against the provisions of agreement has stopped paying the said GRI to him nor opposite party had delivered the possession of the said flat to him till date and this act and conduct of the opposite party is clear cut deficiency in service on the part of the opposite parties.  Opposite party is liable to pay the said GRI amount of Rs.5,75,000/- alongwith interest 24% interest to him.

6.       After having considered the submissions of the learned counsel for the complainant, we have found that in exparte evidence complainant has filed his duly sworn affidavit Ex.CW1/A and of Sh.Suresh Kumar Sharma Ex.CW-2/A wherein they have reproduced all the allegations of his complaint more or less in verbatim. Since the said amount has not been paid by opposite party no.1 & 2 inspite of repeated requests of the complainant and legal notice served by him for this purpose, therefore, he is found entitled not only amount paid but also appropriate compensation for harassment, mental agony and litigation expenses.

7.     In the light of our above discussion findings, complaint filed by complainant is partly accepted exparte with a direction to opposite party no.1 & 2 to pay a sum of Rs.5,75,000/- to the complainant with interest @ 9% P.A. from the date of orders till actual payment besides Rs.5,000/- as litigation expenses.

8.            Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.

                    (Naveen Puri)

                                                                                  President   

Announced:                                                           (Jagdeep Kaur)

February, 05 2018                                                                  Member

*MK*