Before the District Consumer Disputes Redressal Forum, Room No. 208 2^nd Floor, District Administrative Complex, Tarn Taran

Consumer Complaint No  :   68 of 2018

Date of Institution                      :   27.06.2018

Date of Decision               :   19.06.2019

Smt. Rekha Rani aged about 32 years w/o Ramesh Kumar son of Jaspal resident of Harike Tehsil Patti, District Tarn Taran at present Holy city Dyal Bag Tarn Taran District Tarn Taran.

                                                                             …..Complainant

                             Versus

1. M/s Great Green Build India Pvt. Limited Alamgir (Kala Sanghia) District Kapurthala,
2. Ranjit Singh son of Joginder Singh Director M/s Great Green Build India Pvt. Limited Alamgir (Kala Sanghia) District Kapurthala,
3. Rajinder Kaur w/o Ranjit Singh R/o Alamgir (Kala Sanghia) District Kapurthala,
4. Charan Singh son of Dalip Singh R/o Prem Nagar Near Cambridge School Sultanpur Lodhi Tehsil Kapurthala.

                                                                             …Opposite Parties

Complaint Under Section  11, 12 and 13 of the Consumer Protection Act .

Quorum:               Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

For Complainant                     Sh. B.S. Dhillon Advocate.

For Opposite Parties               Exparte.

ORDERS:

Charanjit Singh, President;

1        The complainant Ms. Rekha Rani has filed the present complaint under Section 11, 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against M/s Great Green Build India Pvt. Limited Alamgir (Kala Sanghia) District Kapurthala and others (Opposite parties) on the allegations of deficiency in service and negligence in service on the part of the opposite parties with prayer to direct the opposite parties to pay Rs. 19,00,000/- alongwith reasonable amount of Rs. 50,000/-  by way of costs of litigation and compensation and the opposite parties be also directed to give facilities as per the advertisement/ salient features published by the opposite parties as follows:-

1. Well maintained 60’ x 30’ wide road with footpath
2.  Underground electricity supply, TV Cable & Telephone Network  
3. Water supply 24 Hrs & Sewerage Facilities
4. Badminton Ground & Community Centre Shopping Complex with Parking
5. All Modern Security Facilities like CCTV Cameras & Guards.
6. Ambulance Facility 24 Hrs special Drainage System for Rainy water
7. Two Main Entries: Chabal Road and Kasur Drain Road
8. Bus Stand & Railway Station Just 1 KM away from Colony,
9. Distance from Shri Darbar Sahib Tarn Taran & Old Amritsar G.T. Road : 0.5 KM
10. Pollution Free Area to the complainant and other person of the locality.

2        The case of the complainant in brief is that the complainant Ms. Rekha Rani wife of Ramesh Kumar son of Jaspal is resident of village Harike and at present she is residing at Tarn Taran District Tarn Taran and opposite parties have office in Holly City Tarn Taran. The opposite parties i.e. M/s Great Green Build India Pvt. Ltd Alamgir (Kala Sanghia) Distt Kapurthala was the owner of land measuring 22 Kanals 5 Marlas bearing Khasra No.261(4-16), 262(7-17), 263(9-12) situated in the area of  Dial Bagh Holy City Tarn Taran Great Green Build area Pvt. Limited Alamgir (Kala Sanghia) Kapurthala and other opposite parties are also Members of the said M/s Great Green Build India Pvt. Limited Alamgir (Kala Sanghia). The above said opposite parties i.e. M/s Great Green District India Pvt. Limited Alamgir (Kala Sanghia) Distt. Kapurthala gave advertisement/ publication and distributed pamphlet titled as HCT(Holy City Dyal Bag) Tarn Taran and also show the location plan of the above said Holy City land and also open the office for publisher  the facility/ salient features and good facilities of the said land which are as under:-

1. Well maintained 60’, 30’ wide road with footpath.
2. Underground electricity supply, TV Cable & Telephone Network.
3. Water supply 24 Hrs & sewerage facilities.
4. Badminton ground & community centre Shopping complex with parking.
5. All Modern Security Facilities like CCTV Cameras & Guards.
6. Ambulance facility 24 Hrs special Drainage System for Rainy Water
7. Two main entries: Chabal road and Kasur Drain road.
8. Bus Stand & Railway Station Just. 1 Km Away From colony
9. Distance From Shri Darbar Sahib Tarn Taran &  Old Amritsar GT Road :0.5 KM
10. Pollution Free Area.

The complainant contact the opposite party No.1 through his director opposite party No.2 and knew the facility and knowledge about the said Holy City Tarn Taran and from the assurance of the above said facilities/ salient features, the complainant purchased plot measuring 6 Marlas 166-1/2 feet with big Karmas vide sale deed dated 10.5.2013 for consideration of Rs.4,63,000/- and took the possession of the said plot No.72 which is bounded as under:- East: Plot No. 79, West: Passage 60 feet, North: Plot No.71 South:- Plot No.73 (purchased the same by Sudesh Rani), measurement of the site is i.e. front side 30 feet and length 60 feet.. The sale consideration was paid vide cheque No.007983 of Axis bank Branch Patti Road Harike Patan dated 10.5.2013 before the presence of  Sub Registrar Tarn Taran. After the purchased of above said plot, the complainant came to astonish that there is no facility as stated in the pamphlet/ Salient features as per location of Plan. (i)There is no well maintained 60’ 30’ wide road with footpath and the same is uncompleted. (ii)No, underground electricity supply, TV Cable &Telephone Network, (iii) No, Water supply 24 Hrs. & sewerage facilities, (iv)  No, Badminton ground & Community Centre Shopping complex with Parking (v) No, all Modern Security Facilities like CCTV Cameras & guards (vi) No, Ambulance facility 24 Hrs special drainage system for rainy water in un-completed. (vii)  Bus Stand & Railway Station Just. 2 Km away from colony (viii)  Full of Pollution Area and all around there is heavy polluted and dirty water/ rainy water collected.  The complainant met the opposite parties and told the situation of the area about the facilities of salient features but the opposite parties did not give any reasonable reply and did not listen the genuine request of the complainant. The complainant so many times requested the opposite parties about the cleanliness of the locality and about the facilities as per pamphlet/advertisement, but the opposite parties did not listen the request and refused to accept the genuine request of the complainant.  From the above said facts it is crystal clear that the opposite parties are guilty of fault, imperfection, short coming and inadequacy in the quality nature and manner of performance of service and hence is guilty of deficiency in service.  Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party.  Alongwith the complaint the complainant has placed on record her affidavit Ex. C-1, self attested copy of salient feather/ pamphlet/ advertisement Ex. C-2, Self attested copy of sale deed Ex. C-3.

3        Notice of this complaint was sent to the opposite parties but neither opposite parties nor on their behalf appeared any one, consequently, the opposite parties No. 1 to 3 were proceeded against exparte vide order dated 16.8.2018 and opposite party No. 4 vide order dated 22.3.2019 of this Forum.

4        We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.

5        The complainant has tendered in evidence her affidavit Ex. C-1 and in her affidavit she pleaded that the opposite parties i.e. M/s Great Green Build India Pvt. Ltd Alamgir (Kala Sanghia) Distt Kapurthala was the owner of land measuring 22 Kanals 5 Marlas bearing Khasra No.261(4-16), 262(7-17), 263(9-12) situated in the area of  Dial Bagh Holy City Tarn Taran Great Green Build area Pvt. Limited Alamgir (Kala Sanghia) Kapurthala and other opposite parties are also Members of the said M/s Great Green Build India Pvt. Limited Alamgir (Kala Sanghia). The above said opposite parties i.e. M/s Great Green District India Pvt. Limited Alamgir (Kala Sanghia) Distt. Kapurthala gave advertisement/ publication and distributed pamphlet titled as HCT(Holy City Dyal Bag) Tarn Taran and also show the location plan of the above said Holy City land and also open the office for publisher  the facility/ salient features and good facilities of the said land which are as under:-

1. Well maintained 60’, 30’ wide road with footpath.
2. Underground electricity supply, TV Cable & Telephone Network.
3. Water supply 24 Hrs & sewerage facilities.
4. Badminton ground & community centre Shopping complex with parking.
5. All Modern Security Facilities like CCTV Cameras & Guards.
6. Ambulance facility 24 Hrs special Drainage System for Rainy Water
7. Two main entries: Chabal road and Kasur Drain road.
8. Bus Stand & Railway Station Just. 1 Km Away From colony
9. Distance From Shri Darbar Sahib Tarn Taran &  Old Amritsar GT Road :0.5 KM
10. Pollution Free Area.

Salient feathers/ pamphlet/ advertisement Ex. C-2. The complainant contact the opposite party No.1 through his director opposite party No.2 and knew the facility and knowledge about the said Holy City Tarn Taran and from the assurance of the above said facilities/ salient features, the complainant purchased plot measuring 6 Marlas 166-1/2 feet from the opposite parties vide sale deed dated 10.5.2013 Ex. C-3 for consideration of Rs.4,63,000/- and took the possession of the said plot No.72 which is bounded as under:- East: Plot No. 79, West: Passage 60 feet, North: Plot No.71 South:- Plot No.73 (purchased the same by Sudesh Rani), measurement of the site is i.e. front side 30 feet and length 60 feet. The sale consideration was paid vide cheque No.007983 of Axis bank Branch Patti Road Harike Patan dated 10.5.2013 before the presence of  Sub Registrar Tarn Taran. She further pleaded that after the purchased of above said plot, the complainant came to astonish that there is no facility as stated in the pamphlet/ Salient features as per location of Plan. (i)There is no well maintained 60’ 30’ wide road with footpath and the same is uncompleted. (ii)No, underground electricity supply, TV Cable &Telephone Network, (iii) No, Water supply 24 Hrs. & sewerage facilities, (iv)  No, Badminton ground & Community Centre Shopping complex with Parking (v) No, all Modern Security Facilities like CCTV Cameras & guards (vi) No, Ambulance facility 24 Hrs special drainage system for rainy water in un-completed. (vii)  Bus Stand & Railway Station Just. 2 Km away from colony (viii)  Full of Pollution Area and all around there is heavy polluted and dirty water/ rainy water collected.  The complainant met the opposite parties and told the situation of the area about the facilities of salient features but the opposite parties did not give any reasonable reply and did not listen the genuine request of the complainant. The complainant so many times requested the opposite parties about the cleanliness of the locality and about the facilities as per pamphlet/advertisement, but the opposite parties did not listen the request and refused to accept the genuine request of the complainant.  

6        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, the opposite parties have been served in this case and none has appeared on behalf of opposite parties in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against them  by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite parties several times but the opposite parties did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice. On the combined and harmonious reading of aforesaid document goes to prove that the complainant purchased the said plot on the allurement stated by the opposite parties in the pamphlet that they will provide all such facilities. But the complainant is dissatisfied with the opposite parties as there is no such facilities exist as mentioned in the pamphlet. So the opposite parties  involved in deficiency in service as well as indulged in unfair trade practice.             

7        In light of the above discussion, the complaint succeeds and the same is hereby allowed exparte with costs in favour of the complainant and against the Opposite Parties. The opposite parties are directed to provide the following facilities as per advertisement/ salient Ex. C-2:

1. Well maintained 60’ x 30’ wide road with footpath
2.  Underground electricity supply, TV Cable & Telephone Network  
3. Water supply 24 Hrs & Sewerage Facilities
4. Badminton Ground & Community Centre Shopping Complex with Parking
5. All Modern Security Facilities like CCTV Cameras & Guards.
6. Ambulance Facility 24 Hrs special Drainage System for Rainy water
7. Two Main Entries: Chabal Road and Kasur Drain Road
8. Bus Stand & Railway Station Just 1 KM away from Colony,
9. Distance from Shri Darbar Sahib Tarn Taran & Old Amritsar G.T. Road : 0.5 KM
10. Pollution Free Area to the complainant and other person of the locality.

 The complainant has been harassed by the opposite parties. The complainant is also entitled to Rs. 50,000/-( Rs. Fifty Thousand only) as compensation on account of harassment and mental agony and Rs 10,000/- (Rs. Ten Thousand only) as litigation expenses. Opposite Parties is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.