DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.289 of 25-04-2016

Decided on 05-07-2017

Ritu D/o Bhagat Ram Garg now W/o Narinder Kumar Goyal R/o Street No.1, Phase-I, Vishal Nagar, 45 Ft. Road, Bathinda.

........Complainant

Versus

1.Emerging India Real Estate (P) Ltd., Br. Office SCO-10, Ground Floor, Bharat Nagar Market Near Bibiwala Chowk, Bathinda.

2.Emerging India Real Assets (P) Ltd., Corporate Office: SCO 46-47, First Floor, Sector 9-D Near Mattka Chowk, Madhya Marg, Chandigarh, through its Managing Director/Chairman.

.......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.S.M Goyal, Advocate.

For opposite parties: Ex-parte.

ORDER

M.P Singh Pahwa, President

1. The complainant Ritu (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite parties Emerging India Real Estate (P) Ltd. and Others (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that opposite parties got published and distributed the pamphlets regarding establishment of well approved colony, with all the basic amenities including schools, parks, hospitals, temple, Gurudwara etc. and other basic amenities of sewerage, water, electricity, cemented roads as per MC Limit norms. They induced the general public at large to book the plots of different sizes in the colony to be established by them under the name 'Greater Bathinda' located at Village Bhucho Kalan, Tehsil & District Bathinda.

3. It is alleged that being induced by the sale representative of opposite parties, the complainant intended to purchase one plot in the colony for her residential purpose. Accordingly, she booked one plot measuring 200 sq. yards with opposite parties with basic sale price (BSP) of Rs.17 lakhs. Opposite parties also assured the complainant that she will get concession of Rs.60,000/- out of the total price of the plot. She was asked to deposit as under.-

   Sr.No.	Particulars	Amount
   A. 1.	Basic Sale Price (BSP)	Rs.17 lakhs
   2	Discount if Any	Rs.60,000/-
   3	Net Sale Price (NSP)	Rs.16,40,000/-
   B.	Preferential Location Charges	As applicable

    

4. It is further alleged that the complainant deposited Rs.1,46,000/- vide cheque No.123769 dated 18.8.2012 with opposite parties and receipt dated 4.9.2012 was issued to her. Thereafter she deposited a sum of Rs.1 lakh in cash vide receipt dated 17.9.2012 and another Rs.1 lakh vide receipt dated 5.1.2013 with opposite parties. Thereafter opposite parties issued allotment letter dated 22.6.2013, which specifically mention that the complainant has been allotted plot GB/144 measuring 200 sq, yards in project named 'Greater Bathinda' located at Vill. Bhucho Kalan, District Bathinda. After that she made the following payments on account of price of plot to opposite parties:-

   Sr. No.	Particulars	Amount
   	Already paid	Rs.3,46,000/-
   1	Cheque No.123776 on 5.12.2013	Rs.1,46,000/-
   2	Cheque No.123778/25.7.2013	Rs.2,19,000/-
   3	Cheque No.123779/5.12.2013	Rs.2,37,000/-
   	Total Payment made	Rs.9,48,000/-

    

5. It is further alleged that opposite parties assured the complainant to give possession of the plot in the month of June 2014 itself after fully developing the colony and providing all the basic amenities. Opposite parties neither developed the colony nor provided the basic amenities in the colony. They have also failed to give possession of plot to the complainant till date despite expiry of more than 1 and 1/2 year.

6. It is further alleged that the complainant time and again visited the office of opposite parry No.1 and enquired about the allotment of the plot measuring 200 sq. yards in her name, but they kept on putting off the matter one one or other pretext. The opposite parties has not been yet granted any permission/letter of intent by the competent authority/Bathinda Development Authority, Bathinda to develop any such colony of 16.60 acre on the date of booking of the plot. The letter of intent has been issued much later i.e. on 19.6.2013 vide letter No.CA/BDA/2124 dated 19.6.2013. As such, opposite parties were having no right to obtain the applications and depositing amount from the general public. An amount of Rs.2,40,000/- has been got deposited by the complainant even before getting any permission or approval of developing colony from the competent authorities. She requested opposite parties to refund her amount as she was no more interested to get the plot in the colony, but they are also not refunding her amount

   On this backdrop of facts, the complainant has alleged deficiency in service and unfair trade practice on the part of opposite parties. She has claimed refund of Rs.9,48,000/- with interest @ 24% per annum from the date of deposit and compensation to the tune of Rs.2 lakhs for mental tension and botheration etc. and litigation expenses to the tune of Rs.50,000/-. Hence, this complaint.

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

8. Complainant was asked to produce evidence.

9. In support of her claim, the complainant has tendered into evidence her affidavits dated 25.4.2016 and 3.2.2017, (Ex.C1 and Ex.C17); photocopy of offer of provisional allotment, (Ex.C2); photocopy of allotment letter, (Ex.C3); photocopy of expression of interest, (Ex.C4); photocopy of notice, (Ex.C5); photocopy of site plan, (Ex.C6); photocopy of cheuqe receipt, (Ex.C7); photocopies of receipts, (Ex.C8 to Ex.C10 and Ex.C12); photocopies of cheque, (Ex.C11 and Ex.C16); photographs, (Ex.C13 to Ex.C15) and submitted written arguments.

10. We have heard learned counsel for complainant and gone through the file as well as written arguments submitted by learned counsel for complainant.

11. Learned counsel for complainant has reiterated his stand as taken in the complaint and detailed above. It is further submitted by learned counsel for complainant that Ex.C2, is photocopy of provisional allotment letter dated 17.4.2013, but in this letter, there is no commitment for the possession of the plot or development of the colony. Thereafter opposite parties issued allotment letter dated 22.6.2013. There is nothing regarding delivery of the possession of the plot or development of area. Opposite parties were granted letter of intent on 19.6.2013, but they have issued the provisional allotment letter on 17.6.2013 and then allotment letter on 22.6.2013. The letter of intent, (Ex.C5) issued by Bathinda Development Authority, proves that opposite parties were permitted to set-up residential colony subject to certain terms and conditions detailed in the letter. There is nothing to show that opposite parties complied with terms and conditions before issuance of allotment letter. Photographs, (Ex.C13 to Ex.C15) also prove that there is no development in the site. In these circumstances, deficiency in service and unfair trade practice on the part of opposite parties stands proved. Opposite parties have not dare to come forward and contest the claim of the complainant. There is no reason to disbelieve the evidence of the complainant. As such, the complaint be accepted as prayed for.

12. We have given careful consideration to these rival submissions.

13. The complainant has pleaded that she applied for the plot measuring 200 sq. yds. The provisional allotment offer, (Ex.C2) proves this fact. The complainant has also prayed that she has already deposited an amount of Rs.9,48,000/-. Copies of receipts prove this fact. It is case of the complainant that opposite parties have not developed the colony till filing of the complaint. The complainant has brought on record letter issued by Bathinda Development Authority to opposite parties regarding letter of intent. Opposite parties were permitted to develop the colony. A perusal of this letter reveals that the layout plan was approved by the competent authority vide drawing No.1 dated 8.5.2013, but opposite parties have issued the provisional letter on 17.4.2013 i.e. even before approval of layout plan by competent authority. Opposite parties were also required to obtain final and confirm NOC' from PPCB before start of work and 'NOC' from PSEB before undertaking any development at the site. They were also to comply with certain other conditions detailed in the letter of intent, but they have issued the allotment letter on 22.6.2013 i.e. after 3 days from issuance of letter of intent. There is nothing to show that opposite parties complied with the conditions detailed in the letter of intent. The complainant has also placed on record photographs to prove that no development has been started at the site. This evidence of the complainant is unrebutted and unchallenged. Therefore, it is to be accepted that opposite parties have failed to develop the area and deliver the possession of the plot allotted to the complainant. In these circumstances, the complainant is entitled to refund of the price.

14. For the reasons recorded above, the complaint is partly accepted with Rs.5000/- as cost and compensation against opposite parties. Opposite parties are directed to refund an amount of Rs.9,48,000/- to the complainant alongwith interest @ 12% per annum from the date of receipt till date of payment.

15. The compliance of this order be made within 30 days from the date of receipt of copy of this order.

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

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

    Announced:-

    05-07-2017

    (M.P Singh Pahwa)

    President

     

     

    (Jarnail Singh)

    Member