DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.244 of 14-03-2016

Decided on 19-10-2016

Gurjinder Singh aged about 36 years S/o Chuhar Singh R/o Street No.4, Baba Farid Nagar, Bathinda.

........Complainant

Versus

1.Emerging India Housing Corporation (P) Limited, SCO 46-47, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh, through its Managing Director/Chairman.

2.Cluster Head, Emerging India Pvt. Ltd. Near Best Price, Bhucho Mandi, Tehsil & District Bathinda.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM
 

Sh.M.P Singh Pahwa, President.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.A.S Sekhon, Advocate.

Opposite parties: Ex-parte.

ORDER

M. P. Singh Pahwa, President

1. The complainant Gurjinder Singh (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite parties Emerging India Housing Corporation (P) Limited and other (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that opposite parties have got published and distributed the pamphlets regarding establishment of a well approved colony with all basic amenities including schools, parks, hospitals, temple, supermarkets, restaurants, ATMs, banks etc. and also to provide sewerage, water pipes, road of cements as per MC limit norms. They induced the general public at large to book the multistorey flats of different sizes in the said colony to be established by opposite parties under the name of 'Greater Bathinda Pvt. Ltd.'.

3. It is alleged that the complainant purchased one plot No.GB-155 measuring 150 sq. yds. in the colony of opposite parties by depositing 15% of the total net price of Rs.12,30,000/- on 23.8.2012. Opposite parties vide letter dated 24.8.2013 intimated the complainant regarding transfer of the plot measuring 150 sq. yds bearing No.GB-155. He was also provided copy of the layout plan showing the location of the plot No.155 in the aforesaid colony. Following the said allotment letter, the complainant has been depositing the amount with opposite parties from time to time against the proper receipts. He has already deposited a sum of Rs.7,38,238/- with opposite parties out of the total net price of Rs.12,30,000/- and a sum of Rs.4,91,762/- is outstanding against him. He is ready and willing to pay the due amount also.

4. It is further alleged that the complainant repeatedly requested opposite parties to deliver him the possession of the plot No.GB-155 for which he remained ready and willing to deposit the balance amount of allotment price of Rs.4,91,762/-, but opposite parties have failed to delivery him the possession of the plot in question till date. Ultimately, on 20.1.2016, opposite parties issued a letter to the complainant calling upon him to deposit the balance amount of Rs.4,91,762/-, but when he requested for delivery of possession of the plot as per layout plan, he was astonished to know that the original layout plan has been changed by opposite parties as per their own convenience. They started proclaiming that the site No.GB-155, which was originally to be provided to the complainant as per the original layout plan has been allotted to some other person as per the revised layout plan and the site of plot No.GB-155 allotted to the complainant, which was park facing, has been shifted at some other place. He requested opposite parties to deliver the possession of the original site No.GB-155, but they refused to accede to his requests. As such, he is no more interested in the colony of opposite parties.

   On this backdrop of facts, the complainant has alleged deficiency in service and unfair trade practice on the part of the opposite parties. By this complaint, the complainant has prayed for issuing directions to the opposite parties to refund Rs.7,38,238/- deposited by him alongwith interest @18% p.a. from the date of deposit till realization and to pay Rs.1 lac as compensation on account of mental tension, agony, botheration etc. and Rs. 11,000/- as cost of litigation. Hence, this complaint.

5. Upon notice, none appeared on behalf of opposite parties. As such, ex-parte proceedings are taken against them.

6. The complainant was afforded opportunities to produce evidence.

7. In support of his version, the complainant tendered into evidence his own affidavit dated 15.7.2016, (Ex.C1); photocopies of letters, (Ex.C2 to Ex.C4); photocopy of acknowledgment, (Ex.C5); photocopies of cheque receipts, (Ex.C6, Ex.C8 and Ex.C10); photocopies of cheques, (Ex.C7 and Ex.C9); photocopy of site plan, (Ex.C11) and closed the evidence.

8. We have heard learned counsel for the complainant and gone through the file carefully.

9. Learned counsel for the complainant has reiterated his stand as taken in the complaint and detailed above. It is further submitted by learned counsel for the complainant that opposite parties have not come forward to contest the complaint or to offer the readiness to allot the plot in question at its original site. Therefore, complaint be accepted.

10. We have given careful consideration to these submissions.

11. The complainant has asserted that he has paid Rs.7,38,238/- to opposite parties. The letter, (Ex.C3) issued by opposite parties on 20.1.2016 acknowledges the receipt of this amount. Although, as per letter dated 24.8.2013, (Ex.C4), the complainant was allotted plot No.GB-155 measuring 150 sq. yds., but his averment is that opposite parties have changed the plan, which resulted shifting of site No.GB-155 also. This evidence of the complainant is unrebutted and unchallenged. As opposite parties have failed to deliver the possession of the site No.GB-155 as depicted in the original layout plan, the complainant cannot be compelled to accept any other site.

12. For the reasons recorded above, this complaint is partly accepted with cost of Rs.5000/- against opposite parties. Opposite parties are directed to refund the amount of Rs.7,38,238/- to the complainant alongwith interest @ 12% p.a. from the date of receipt till the date of payment.

13. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

14. The complaint could not be decided within the statutory period due to heavy pendency of cases.

15. Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

    Announced:-

    19-10-2016

    (M.P Singh Pahwa)

    President

     

     

    (Jarnail Singh)

    Member