Chandigarh

DF-I

CC/1091/2019

Anshul Monga - Complainant(s)

Versus

Government of Punjab - Opp.Party(s)

Bhupinder Singh Gill

30 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

 

                    

Consumer Complaint No.	:	CC/1091/2019
Date of Institution	:	29/11/2019
Date of Decision	:	30/08/2022

 

 

Anshul Monga s/o Sh. Subhash Chander Monga, House No.285, Sector 46A, Chandigarh.

… Complainant

V E R S U S

1. Government of Punjab, through its Principal Secretary, Department of Local Bodies, Punjab Municipal Bhawan, Sector 35C, Chandigarh.
2. The Chairman, Fazilka Improvement Trust, Opposite Civil Hospital, Fazilka.
3. The Executive Officer, Fazilka Improvement Trust, Opposite Civil Hospital, Fazilka

… Opposite Parties

 

CORAM :	MRS. SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                

 

ARGUED BY	:	Sh. Bhupinder Singh Gill, Counsel for complainant
	:	None for OPs

 

Per Surjeet Kaur, Presiding Member

1.      The facts in brief are, in pursuance to the application No.897 of the complainant for allotment of a residential plot/house under Seth Munshi Ram Aggarwal 16.38 acre development scheme of Improvement Trust, Fazilka he was allotted a corner residential plot No.31(P) by the OPs vide letter dated 1.6.2015 and he deposited total sum of ₹9,21,476/- for the same on different dates as per details given in the consumer complaint. As no development took place at the site, therefore, the complainant requested the OPs to refund the amount. However, despite various requests and service of legal notice by the complainant as well as directions of OP-1, OP-3 failed to refund the amount. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant consumer complaint.
2.     OPs 2 & 3 contested the consumer complaint, filed their written reply and admitted that the complainant applied for allotment of a plot and that he was allotted the plot in question by draw system on 1.6.2015. Denied there is no development of the site or that basic amenities had not been provided there. Further denied complainant ever approached OP-3 with the request of refund.  Pleading that there is no deficiency in service or unfair trade practice on their part, OPs 2 & 3 prayed for dismissal of the consumer complaint.
3.     Since reply and evidence on behalf of OP-1 was not filed despite grant of numerous opportunities, therefore, opportunity to file the same was closed vide order dated 22.6.2021 of this Commission.
4.     Complainant filed rejoinder and reiterated averments made in the consumer complaint.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the complainant and gone through the record of the case.
7.     The sole grouse of the complainant is that despite depositing the amount of ₹9,21,476/- with the OPs for the allotment of a residential plot/ house in the year 2015, they did not hand over the possession of the same to the complainant as there was no development at the site. In such circumstances, complainant requested the OPs to refund the amount as they failed to hand over the possession of the same to him, but, despite various requests and service of legal notice, the genuine grievance of the complainant was not redressed by the OPs. 
8.     The stand taken by OPs 2 & 3 is that the complainant was allotted the plot in question on 1.6.2015.  It has been contended that there is no such fact of non-development of the site and further that no request for refund of the amount was received from the complainant. 
9.     It is evident from Annexure C-2 (colly.) that the complainant paid the total amount of ₹9,21,476/- and the same is admitted by the OPs as well.  However, due to the callous attitude of the OPs in neither developing the site nor refunding the amount, the complainant approached the Consumer Association, Chandigarh to get the matter settled and with the efforts of the said Consumer Association, OP-1 even wrote letter to OP-3, but, still the amount was not refunded to the complainant.
10.     No doubt OPs 2 & 3 in their written reply as well as supporting affidavit have denied that there is no development at the site, but, they have not filed any cogent proof in support of the same.  On the other hand, complainant has placed on record the photographs (Ex.C-7) which corroborates the version of the complainant that there is no progress at all at the site. 
11.     Further, though the OPs have taken the plea that the complainant never approached them for refund, yet, they do not deny the receipt of letters from OP-1 and the legal notice dated 1.7.2019 from the complainant.  Therefore, it does not lie in the mouth of the OPs to say that the complainant never approached them for refund. 
12.     Till date the amount is lying deposited with the OPs and they are illegally reaping benefits of the same to the detriment of the complainant. The complainant cannot be made to wait indefinitely for the redressal of his grievance.  Hence, the complainant is certainly entitled to refund of the deposited amount alongwith interest. 
13.     Despite grant of numerous opportunities, reply and evidence on behalf of OP-1 were not filed. OP-1 cannot evade its liability merely by writing letters to OPs 2 & 3. 
14.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund the amount of ₹9,21,476/- to the complainant alongwith interest @9% per annum from the date of filing of this consumer complaint i.e. 29.11.2019 till realization.
2. to pay an amount of ₹1,00,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹30,000/- to the complainant as costs of litigation.

15.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
16.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
30/08/2022	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member