DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                  Consumer Complaint No.303 of 2016

                                                Date of institution:  20.05.2016                                         Date of decision   :  03.08.2017

Gurvinder Singh son of Hukam Singh Saini resident of House No.49-A, Sector 4, Kharar, Near Guga Mari, SAS Nagar, Mohali.

                                  ……..Complainant

                                        Versus

Jarnail Singh Bajwa son of Bishan Singh Bajwa, Managing Director,  Bajwa Developers Limited, Sunny Enclave, Desu Majra, Tehsil Kharar, District Mohali.

                                                              ………. Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President

Mrs. Natasha Chopra, Member.

Present:    Shri Mandeep Singh, counsel for the complainant.

                Shri Kulwinder Singh, counsel for the OP.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Gurvinder Singh has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant had booked 1 BHK Flat F21, Sector 74A, in Sunny Apartments 117 No.1822 Mohali measuring 450 sq. yard with the OP for a total sale consideration of Rs.12,00,000/-. An agreement to sell was executed with the OP on 08.09.2011 after payment of Rs.10,000/- vide receipt dated 08.09.2011.  As per the schedule mentioned in the agreement, the complainant further paid an amount of Rs.3,00,000/- to the OP on 08.09.2011.  After payment of first installment, the complainant visited the site and found that the work had not been started by the OP. On enquiry, the complainant was informed that some formalities with the authorities were required to be fulfilled and he was assured that the work would start very soon.  On assurance of the OP, the complainant made payment of remaining installments. A period of four years have passed and the completion and possession of the flats seems to be a distant dream as the complainant has made payment of Rs.10,20,000/- and only Rs.1,80,000/- is to be paid to the OP. The complainant visited the OP many times and requested to deliver the possession but the OP flatly refused. The complainant sent a legal notice dated 16.03.2016 followed by reminder dated 22.04.2016 but no reply was given by the OP. Hence this complaint for giving directions to the OP to refund the deposited amount of Rs.10,20,000/- alongwith interest @ 12% per annum from the dates of payment; compensation of Rs.3,00,000/- for harassment and mental tension and Rs.30,000/- as litigation expenses.

3.             The complaint is contested by the OP by filing reply, in which it had raised certain preliminary objections, inter alia, that the complainant has committed default in making payments of installments, as per agreement an amount Rs.3,10,000/- deposited by the complainant is liable to be forfeited.  The complainant is stopped by his own act and conduct to file the complaint. Approvals of the project are under process and it will take time for getting the approval and handing over the possession of the flat.  The complainant had paid only Rs.10,20,000/- out of Rs.12,00,000/- and as per terms of the agreement, the amount of biana is liable to be forfeited.  On merits, the OP has denied the averments of the complaint and prayed for dismissal of the complaint.

4.             In order to prove the case, the counsel tendered in evidence affidavit of the complainant Ex. CW-1/1; copies of receipts Ex.C-1; agreement Ex.C-2; receipt Ex.C-3; photographs Ex.C-4; legal notice Ex.C-5; reminder cum notice Ex.C-6 and postal receipts Ex.C-7. In rebuttal counsel for the OP tendered in evidence affidavit of Jarnail Singh Bajwa, MD Ex.OP-1/1.

5.             It has been argued by learned counsel for the complainant that 1 BHK Flat No.1822  at Sunny Apartment F21 Mohali, Sector 74-A, 117 Mohali having covered area of 450 sq. ft.  was allotted to the complainant at a sale consideration of Rs.12,00,000/-. Learned counsel has argued that the complainant had paid a total sum of Rs.10,20,000/- to the OP as per the agreement to sell  dated 08.09.2011. Learned counsel for the complainant has argued that the complainant visited the OP number of times but no satisfactory reply regarding handing over the possession of the apartment was given to him. Learned counsel has thus prayed that the amount deposited by the complainant may be got refunded alongwith interest and compensation for mental agony, harassment besides costs of litigation. 

6.             On the other hand, the learned counsel for the OP has contended that the complainant has committed default in making payment of installments as per agreement to sell dated 08.09.2011.  Learned counsel for the OP further argued that all the necessary approvals and sanctions for the project in question are under process and there is no deficiency in service on the part of the OP.

7.             We have gone through the pleadings, evidence and written arguments of the complainant and heard the oral submissions addressed by the learned counsel for the parties. We are of the opinion that in the present case the complainant had purchased the apartment and paid Rs.10,20,000/- on different dates towards sale consideration of the apartment and only last installment of Rs.1,80,000/- remains to be paid. As per the agreement to sell dated 08.09.2011 Ex.C-2 the last installment was to be paid ten days before registration of the sale deed.  The complainant has stated that there is no development at the site and he has proved photograph Ex.C-4 in support of this contention. The OP has not been able to produce any record to prove that the construction work is complete and it had offered the possession to the complainant before the stipulated date. Thus, the complainant is entitled to receive the deposited amount alongwith interest. The Hon’ble State Consumer Disputes Redressal Commission in Ms. Sneh Sood Vs. M/s. Bajwa Developers Ltd. in Consumer Complaint No.240 of 2016 decided on 23.02.2017 has ordered refund of the deposited amount of the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund.

8.             Accordingly, in view of our aforesaid discussion, we direct the OP to refund the deposited amount of Rs.10,20,000/-   (Rs. Ten Lakhs Twenty thousands only) to the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due to the negligent act of the OP and litigation cost of Rs.10,000/-  (Rs. Ten thousand only). The present complaint stands allowed accordingly.   

                The OP is further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 12% per annum from the date of this order till realisation.

                The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 03.08.2017    

                                         (A.P.S.Rajput)           

President

(Amrinder Singh Sidhu)

Member