BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.136 of 2022
Date of Instt. 27.04.2022
Date of Decision: 19.03.2024
Vijay Kumar, son of Shri Mahavir Singh, aged 54 years, resident of 12/A Tagore Avenue, Kala Singh Road, Jalandhar now resident of House No.224, Modern Valley, Village Khanpur (Kharar) District Mohali.
..........Complainant
Versus
1. IPAN Real Estate Private Ltd. (IPANREPL), through its Proprietor Shri Rakesh Kumar Gupta, resident of House No.1, Royal Estate, Village Nangal, Tehsil and District Jalandhar.
2. IPAN Real Estate Pvt. Ltd. 10/58, 2nd Floor, Kirti Nagar, Industrial Area, New Delhi-110015.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. V. S. Rana, Adv. Counsel for the Complainant.
OPs exparte.
Order
Dr. Harveen Bhardwaj (President)
1. This complaint has been filed by the complainant, wherein alleged that both the parties developed a Township known by the name of Raj Willows under Suraksha Enclave Townships comprising of Freehold Residential Plots for serving/retired Para Military Forces Personnel under Akhil Bhartiya Suraksha Awaas Yojna, in the area measuring 16.17 Acre of land, situated at G.T. Road, Opposite Haveli Restaurant, Village Khajurla, Tehsil Phagwara, District Jalandhar, bounded as North: G.T.Road/East Others's Land/South:Other's land/West: Other's Land. The complainant entered into an agreement to sell with the OP No.1 for Plot No.48 measuring 138 Sq. yards, vide agreement executed between the parties, dated 17-2-2021. The complainant paid an amount of Rs.4.25 lacs through two Cheques i.e. one cheque bearing No.239922, dated 16-11-2020 for sum of Rs.1,77,552 and an additional amount of Rs.2,47,833 was paid through cheque No.239923, dated 22-1-2021. At the time of execution of agreement to sell, OP No.1 showed glitters in the morning, while written execution that the said township would be developed in a year and the complainant was enticed by making false promise and deceived the complainant. When no development has ever been made by the OPs, then under compelling circumstances, the complainant was compelled to cancel the deal and gave a written cancellation letter to OP No.1 and the OP No.1 assured the complainant, that they may refund the whole amount within a month. When the complainant found that both the parties is deceiving the complainant, then the complainant started making regular visits in the office of OP No.1 and when no fruitful result came out, then the complaint started writing emails dated 19-4-2021/14-5-2021 and 30-8-2021 and again sending requests letters dated 19-4-2021/14-6-2021/27-10-2021 & 30-8-2021. Inspite of receipt of the above mentioned letters on behalf of the complainant, no action has been taken by the OPs in refunding the amount received by them. The complainant under compelling circumstances sent a legal notice through his counsel dated 18-2-2022. Then, the OP No.1 refunded an amount of Rs.1,50,000/- to the complainant and till date, both the OPs failed to release the whole amount and yesterday OP No.1 flatly refused to refund back the remaining amount and insulted and assaulting the complainant in his office and thrown out the complainant from his office, through subordinate bouncers, as a result of which they and their staff tried to assinate the hard earned reputation earned by the complainant in the society and they and their staff had also committed fraud with the complainant in non refunding the above stated amount and in that event both the OPs have committed themselves liable in committing breach of trust, committed fraud and committed malpractice in the grab of noble profession and both the OPs to pay the following damages, as well as the refund of the amount, which they have received from the complainant. In order to get his just claim from the opposite parties, the complainant tried his level best by his personal visits as well as telephonic talks on the mobile as well as written emails and written requests letters, as mentioned above, but to no effect and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund an amount of Rs.2,75,000/- with 18% interest from due date, till its realization. Further, OPs be directed to pay a compensation of Rs.1,50,000/- for causing mental tension and harassment to the complainant and to cancel their license of Developing Township as stated above, as they have committed unfair trade practice/malpractice, committed breach of trust.
2. Notice of the complaint was sent to the OPs, but despite service both the OPs failed to appear and ultimately, both the OPs were proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. The complainant has filed the present complaint alleging the deficiency in service by the OP as despite the execution of the agreement between the parties dated 17.02.2021 and receiving the amount of Rs.4,25,000/- through two cheques on 16.11.2020 and 22.01.2021, the OPs have failed to develop a township. Even the refund has not been made despite the emails sent to the OP, therefore, he was forced to cancel the deal. The complainant has sought the refund.
6. The complainant has proved the Builder Buyer Agreement Ex.C-1, which was executed between the complainant and Rakesh Kumar Gupta, a Proprietorship Firm having its office at Near Stan Auto, G. T. Road, Birring Jalandhar. It has been mentioned in this agreement that the company is under the process of development of the township on the land known by the name of Suraksha Enclave Townships. The earnest money for the said plot was Rs.1,70,154/- and the allotment amount was Rs.2,55,231/-. The complainant has proved that as per the commitment, the OPs have not developed the enclave within the stipulated time. Ex.C-2 shows that he wrote a letter to the OP mentioning the facts that he has deposited the amount of Rs.4,05,000/-. He has made reference of emails also. He has stated that due to some unavoidable circumstances, he is unable to purchase the plot. He has sought the refund. Similarly, Ex.C-3 in which he has mentioned all the facts mentioned in Ex.C-2. Similar is the letter Ex.C-4. Ex.C-5 and Ex.C-6 are the letters written to the OPs seeking refund of the money given to the OP.
7. In his complaint, the complainant has referred that out of Rs.4,05,000/-, Rs.1,50,000/- have been refunded to him and the balance amount is due. Perusal of Ex.C-5 and Ex.C-6 shows that he has written letters to the OP seeking the refund mentioning that he has sold the house in Jalandhar and has purchased a house in Mohali, therefore, he cannot take the plot got booked by the complainant. He has not received the refund. Legal notice was given by the complainant. Perusal of the letter Ex.C-6 show that the complainant has nowhere mentioned in these letters that there is no development or the OP has violated any condition of the agreement rather he himself has cancelled the plot alleging that he is unable to purchase the same due to unavoidable circumstances and due to the fact that he has purchased the plot in Mohali. From the contents of the letter sent by the complainant, no deficiency is proved by the OPs. The complainant has moved an application for leading additional evidence alleging that the project has been closed and new project has been started by the OP and he wants to lead additional evidence. His application is supported by the documents and photographs. Earlier the complaint was filed in the year 2022 and as per the application, the opening ceremony of the new project of the OP was on 16.02.2024, which is the subsequent cause of action and subsequent development. More so, in the present complaint the complainant has not filed on record any document showing the deficiency in service on the part of the OPs nor has alleged anywhere that there is no development. So far as the allegations of closure of the project is concerned, at this stage, no such document can be allowed to be led in additional evidence as it is subsequent cause of action and no such pleading is there in the complaint and accordingly, the application is disposed of.
8. In view of the above detailed discussion, the complaint of the complainant is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
19.03.2024 Member Member President
