Complainant Smt.Adarsh Sharma has filed this instant complaint u/s 35 of the Consumer Protection Act against the opposite party and prayed that direction may kindly be issued to opposite party to refund the amount of Rs.10,21,500/- which was received alongwith interest till recovery was made and a sum of Rs.50,000/- as compensation for mental and physical sufferings and unnecessary harassment to the complainant. Rs.20,000/- also claimed by the complainant as litigation expenses, in the interest of justice.

2.       The case of the complainant in brief is that on June 19, 2015 she booked a 2BHK Independent Ground Floor bearing app. No. EV/TRP/1329 in the Project Premium Trinity Homes of the opposite party which was measuring 100 Sq.yds and located at Emerging Valley (P) Ltd., Landran Bamur Road, Mohali and as such she is the consumer of the opposite party as per provisions of CPA. It was pleaded that opposite party was allotted a provisional allotment number TRP-1329 vide Provisional allotment letter dated 25 April, 2016 to the complainant and the Net Sale Price of the 2 BHK Independent Ground Floor was Rs.20,45,000/- and complainant paid an amount of Rs.9,71,500/- on 19.09.2015 as per schedule of the opposite party and in this regard opposite party issued payment confirmation letter. It was further pleaded that thereafter complainant again made payment of Rs.50,000/- vide receipt No.EV/14-15/01 No.1237 dated 03.05.2016 and as such she paid total amount of Rs.10,21,500/- out of Net Sale Price (NSP) and as per the terms and conditions actual delivery  of possession was to be made within 36 months from the date of issuance of Provisional Allotment but  unconsiderable construction was done by the opposite party at the spot till May, 2016. It was also pleaded that on June, 2016 next installment of NSP was demanded by the opposite party for which it is submitted by the complainant that being a government teacher she applied for a bank loan and for its approval RERA number was demanded by the bank which is allotted by the Punjab Govt. as per provisions of RERA Act and bank will finance the those project which have RERA number/approval and as such time and again many requests were made by the complainant to the opposite party to provide RERA number so that she could obtain loan from the bank for payment of remaining installment but no RERA number was allotted by the government to the opposite party as they had not completed the necessary formalities and complied their guidelines It was next pleaded that 50% of the NPS deposited by the complainant till May, 2016 and for remaining payment she applied for bank loan which was not sanctioned by the bank due non availability of RERA number of project and due to this fault of the opposite party complainant had suffered a lot. Moreover, more than 5 years have been elapsed but no RERA number of the project was given by the opposite party to the complainant and as such opposite resiled from the contractual obligations between them and complainant from which it is clear that opposite party has no intention to get the RERA number of the project from the government and also no further work is running by the opposite party since long whereas as per provisional allotment, the said project was to be completed within 3  years but after lapse of more than 5 years very negligible construction work done at the spot. Complainant made many request to the opposite party to refund the amount of Rs.10,21,500/- which she deposited till May, 2016 but opposite party did not pay any heed to her request and also failed to do further work at the spot after lapse of more than 6 years. Complainant served a legal notice dated 27.08.2020 through her counsel with the request to the opposite party for the refund of the above said amount i.e. Rs.10,21,500/- alongwith interest within 15 days but opposite party failed to give any reply of the notice and harassed the complainant and this act of the opposite party is illegal, arbitrary, cryptic and against the principles of natural justice which amounts to deficiency in service on the part of the opposite party, hence this complaint.

3.       Notice was issued to the opposite party but it did not appear and prefer to proceed exparte vide order dated 20.05.2022.        

4.       In order to prove the case, counsel for the complainant has filed affidavit of complainant Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C7.

5.       Written arguments not filed by the complainant.

6.       We have carefully examined all the documents/evidence produced on record for its contained statutory merit and have also judiciously considered and perused the arguments duly put forth by the learned counsel for the complainant.

7.       From the over all circumstances as enumerated in respective pleadings of the parties, it reveals that the complainant, the complainant on June 19, 2015 had booked a 2BHK Independent Ground Floor bearing app. No. EV/TRP/1329 in the Project Premium Trinity Homes of the opposite party which was measuring 100 Sq.yds and located at Emerging Valley (P) Ltd., Landran Bamur Road, Mohali .Thereafter the opposite party was allotted a provisional allotment number TRP-1329 vide Provisional allotment letter dated 25 April, 2016 to the complainant and the Net Sale Price of the 2 BHK Independent Ground Floor was Rs.20,45,000/-. The complainant had paid total amount of Rs.10,21,500/-till may 2016 which are Ex.C1 to Ex. C5. Thereafter the complainant requested to the opposite party to provide RERA number so that she could obtain loan from the bank. But the opposite party did not pay any heed to her request and also failed to do further work at the spot after lapse of more than 6 years. Complainant served a legal notice dated 27.08.2020 through her counsel with the request to the opposite party for the refund of the above said amount i.e. Rs.10,21,500/-  which is Ex.C6 and postal recipit is EX.C7, which amounts to deficiency and unfair trade practice on the part of the opposite party. To support her pleading complainant has produced on file her affidavit as Ex.CW1/A and documents as Ex.C1 to Ex.C7.

8.       The opposite party did not bother to appear in this commission and prefer to proceed exparte vide order dated 20-05-2022 and did not care to contest the claim of the complainant and rebut the evidence led by her as aforesaid as such it can be concluded without any hesitation that either opposite party admit the claim of the complainant or has nothing to say in the matter. In this way, the evidence led by the complaint goes unrebutted and unassailed.

9.       In addition to this, on the point of limitation, the Ld. counsel for complainant has placed reliance on Order dated 26.3.2015 passed by Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No.3924 of 2014 titled “M/s. J.D. Financers (Regd.) & Ors. Versus Mohd. Tahir & Ors.” wherein it has been observed as under: “Consumer Protection Act, 1986 Section 24A Limitation – Recurring Cause of Action – In a case, where a deposit payable on demand is made, such deposit carries interest and the firm, even on receipt of the notice of demand from the depositor did not dispute or deny its liability – Depositors had a recurrent cause of action, till the money deposited by him with such firm was paid back to him – Of course, in a case where such a firm denied or disputes its liability the period of limitation would commence from the date of which the liability was disputed or denied – No ground to take a different view from the view taken by the State Commission in this regard – Complaints were not barred by limitation prescribed under Section 24 A of Consumer Protection Act.” (Paras 6 and 7)        

10.       Therefore as a sequel of the above said  discussion, facts and circumstances of the case, the present complaint is partly allowed and opposite party is directed to refund the amount of Rs.10,21,500/-  alongwith interest @ 6% per annum from the date of filing of the present complaint i.e. 22.07.2021 to the complainant within 45 days from the date of receipt of copy of this order, failing which opposite party shall pay the amount alongwith interest @ 9% P.A. till its realization. In addition to this the Opposite party is directed to pay Rs.5000/- on account of deficiency in service and litigation expenses to the complainant.

11.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases.

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

                               (Kiranjit Kaur Arora)

                                                                         President   

Announced:                                          (B.S.Matharu)

April 19,2023                                               Member

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