Punjab

Rupnagar

CC/17/29

Niranjan Singh - Complainant(s)

Versus

HBIL Farms Pvt. Ltd. - Opp.Party(s)

Sh.Gurpreet Singh

27 Nov 2017

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                 Consumer Complaint No. :  29 of 11.05.2017

                                 Date of decision                    :      27.11.2017

 

Niranjan Singh, son of S. Arjun Singh, resident of House No.785, Phase-X, SAS Nagar (Mohali), Punjab-160047, (Now shifted to House No.724, Sector 78, SAS Nagar, (Mohali). 

                                                                 ......Complainant

                                             Versus

1. HBIL Farms Pvt. Ltd., Housebuild Care Infra Pvt. Ltd., 100’ Road, Near Ghora Chowk, Above Chandigarh Interior Exterior, 1^st Floor, Bathinda (Punjab)-151001 through its Director Miss Sandya Wadhwa

2. HBIL Farms Pvt. Ltd., Housebuild Care Infra Pvt. Ltd., 100’ Road, Near Ghora Chowk, Above Chandigarh Interior Exterior, 1^st Floor, Bathinda (Punjab)-151001 through its Director Mr. Amit Kakkar.                                                                                           ....Opposite Parties

                                   Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

QUORUM

 

                        MRS. NEENA SANDHU, PRESIDENT

                        SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

 

Sh.K.S.Rana, Advocate, counsel for complainant 

O.Ps. ex-parte

 

 

ORDER

                                  MRS. NEENA SANDHU, PRESIDENT

Sh. Niranjan Singh through his counsel has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘the O.Ps.’) praying for the following reliefs:-

1. To refund Rs.1,67,500/- along with interest @ 18% from the date of deposit till realization
2. To pay Rs.50,000/- as compensation for the mental agony and physical harassment suffered by the complainant
3. To pay Rs.22,000/- as litigation expenses.

 

2.                      In brief, the case of the complainant is that he being allured by O.Ps. got booked two residential plot measuring 1000 Sq. feet having price of Rs.2,75,500/- and 1500 Sq. Feet having price of Rs.4,12,500/-, respectively, in the upcoming project of the O.Ps. namely TEEN GUNI, situated at Kiratpur, Manali Road, Sri, Anandpur Sahib. The O.Ps. issued a provisional allotment letter dated 12.9.2013, for the plot measuring 1500 sq. feet and allotment letter dated 17.9.2013 for the plot measuring 1000 Sq. feet.  He paid Rs.2,77,500/- as a part payment for the purchase of the above said two residential plots. After some time, he realized that O.Ps. were not interested to go ahead with the scheme and to allot of the plots. Resultantly, he requested the O.Ps. to refund of the amount of Rs.2,77,500/- deposited by him. In this regard, he has also furnished his affidavit with the O.Ps. Thereafter, the O.Ps. handed over five cheques, out of which, the bank encashsed two cheques worth Rs.1,10,000/- in the month of August 2015, but the other three cheques No.419886 dated 31.5.2015 for Rs.55,000/- 419887 dated 31.8.2015 for Rs.55,000/- and 419888 dated 30.11.2015 for Rs.57,500/- (total in all of Rs.1,67,500/-) could not be encashed as the bankers of the O.Ps. told him that the sufficient funds were not available in the account of the O.Ps. and cheques would be dishonoured for want of  funds, if presented. He telephonically conveyed the said fact to the O.Ps, who advised him to wait and assured that sufficient funds would be available in their account, soon. But despite the long wait, the complainant could not get the said cheques encashed. Thereafter, O.Ps. vide letter dated 15.2.2016 advised him to invest in an another project namely Fortune Mall, located at Sector 103, Mohali. In the said letter, it was mentioned that on registration in the Fortune Mall, the refund cheques sent to the complainant would be deemed to be cancelled. But complainant was never interested to invest in the said property and requested them to refund the remaining amount, but when the O.Ps. did not refund the remaining amount, he sent a legal notice dated 22.5.2016 to them but they neither replied to the said notice nor refunded the remaining amount of Rs.1,67,500/-. Hence, this complaint.  

3.            On being put to notice, none appeared on behalf O.Ps., accordingly, they were proceeded against ex-parte vide order dated 08.09.2017.

4.             On being called upon to do so, the learned counsel for the complainant has tendered affidavit of complainant Ex.CW1/A along with documents Ex.C1 to C11 and closed the evidence by the complainant.

5.             We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.

6.             From the copy of broacher Ex.C1, it is apparent that the O.Ps. launched a project namely TEEN GUNI, situated Kiratpur, Manali Road, Sri Anandpur Sahib. From the Provisional Allotment Letters dated 12.9.2013, Ex.C2 and dated 17.9.2013, Ex.C3, it is evident that the complainant purchased residential plots measuring 1500 Sq. Feet and 1000 Sq. Feet from the O.Ps.   The complainant in his affidavit, Ex.C4, has deposed that he had

Cheque No.	Date	Amount	Name of the Bank
1004660	24.7.2013	5000/-	SBI
100461	24.7.2013	5000/-	SBI
100464	20.8.2013	1,02,500/-	SBI
100466	29.8.2013	65,000/-	SBI
044656	24.9.2013	1,00,000	HDFC

 

             From the copies of three cheques Ex.C5 to Ex.C7, it is evident that the O.Ps. issued the said cheques amounting to Rs.1,67,500/- (Rs.55,000/- + Rs.55,000/- +57,500/-) in favour of the complainant. The complainant has averred that the aforesaid cheques could not be encahsed due to insufficient funds and the O.Ps. have still to pay Rs.1,67,500/- to him. The said averment of the complainant has gone unrebutted as the O.Ps. instead of contesting the case have preferred not to appear before this Forum, as such, we have no reason to disbelieve the said averment of the complainant. Under these circumstances, we do not hesitate to hold that the O.Ps by not paying the amount of Rs.1,67,500/- to the complainant, have committed deficiency in service. They are thus, not only liable to refund the amount of Rs.1,67,500/- along with interest but are also liable to pay compensation for the mental agony and physical harassment suffered by the complainant along with litigation expenses.

                In view of the aforesaid discussion, we allow the complaint and direct the O.ps. in the following manner:-

1.       To refund Rs.1,67,500/- to the complainant along with interest @ 7% per annum w.e.f.11.5.2017 i.e. the date of filing of the complaint, till realization

2.       To pay Rs.10,000/- as compensation on account of mental agony and physical harassment suffered by him

3.       To pay Rs.5000/- litigation expenses.

The O.Ps are further directed to comply with the said order within the period of 30 days from the date of receipt of certified copy of this order. 

8.       The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.

 

          ANNOUNCED                                                                       (NEENA SANDHU)

          Dated .27.11.2017                                                PRESIDENT

 

 

                                                           (SHAVINDER KAUR)

                                                                              MEMBER