| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No.374 of 2015 Date of Institution: 08.06.2015 Date of Decision: 08.01.2016 Mr.Anil Kumar (aged 45 years) son of Sh.Kulwant Rai, resident of 5182/27B, Gali Sanchian Wali, Opp.Khalsa College Public School, at present 351, Green Field, Majitha Road, Amritsar. Complainant Versus Metropolis Land Holdings Private Limited, having its Office at SF 6, Nehru Shopping Complex, Lawrence Road, Amritsar-143001 through its Chairman/ Managing Director/ Principal Officer. Opposite Party Complaint under section 12 and 13 of the Consumer Protection Act, 1986, as amended upto date. Present: For the Complainant: Sh.Deepinder Singh, Advocate. For the Opposite Party: Exparte. Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by Sh.Anil Kumar, under the provisions of the Consumer Protection Act alleging therein that the Opposite Party advertised and offered the complainant a one floor in their residential project named METROPOLIS TOWER at Airport Road, Amritsar being developed and promoted by the Opposite Party. The complainant alongwith his son was allotted an Apartment in the said residential project METROPOLIS TOWER by the Opposite Party. The complainant was approached by the executives of the Opposite Party and showed the very rosy picture about the residential project being developed and promoted by the Opposite Party where there would be lot and lots of the facilities be provided to the proposed residents including many enumerated in the brochure as high tech security, club, 24 hours power back up, landscaping, gardens, lift, well decorated flat with ultra modern fittings with numerous attachments, etc, etc., the complainant coming in their sweet words, booked one apartment with the Opposite Party and was allotted the same and made the balance payment as and when demanded by the Opposite Party out of the total consideration value of Rs.38,25,000/-, the complainant till date made the payment of Rs.14,48,000/- to the Opposite Party. The complainant is ready to make the balance payment as and when demanded by the Opposite Party. The Opposite Party as per the allotment letter had to complete the said project and hand over the same to the complainant with all the facilities as promised within one year, but the Opposite Party till the filing of the present complaint has not completed the project nor has reached any where near completing such project and further nor has offered to hand over the possession to the complainant even after the completion of said period of the booking of the apartment by the complainant. The complainant is making the futile visits to the Opposite Party almost daily, but he is putting off on one pretext or the other, but no clear answer is being provided and even with the naked eye it is clearly seen at the site of the residential project where the complainant has to be provided the apartment, no activity of the construction is seen and in not in the near future of the complainant is going to get the allotted apartment from the Opposite Party. The hard earned life time savings of the complainant seems to be drained and the complainant is in the condition of utterly shocked at the conduct of the Opposite Party. The aforesaid acts of the Opposite Party in not handing over the possession of the allotted apartment to the complainant, is a timely manner, is an act of deficiency in services, unfair trade practice and mal practices and is not sustainable in the eyes of law. Alleging the same to be deficiency in service, complaint was filed seeking directions to the Opposite Party to refund Rs.14,48,000/- alongwith interest @ 15% per annum thereon from the date of payment till realization. Compensation and litigation expenses were also demanded.
- On notice, none appeared on behalf of the Opposite Party, so Opposite Party was proceeded against exparte vide order dated 17.7.2015 of this Forum.
- Complainant tendered into evidence his affidavit Ex.C1, copy of allotment letter Ex.C2, copies of payment receipts Ex.C3 to Ex.C5 and closed the exparte evidence on behalf of the complainant.
- We have carefully gone through the pleadings of the complainant; arguments advanced by the ld.counsel for the complainant and have appreciated the evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant.
- From the record i.e. pleadings of the parties and averments of the complaint and evidence produced on record by the complainant, it stands fully proved on record that the complainant alongwith his son was allotted apartment by the Opposite Party in the residential project named METROPOLIS TOWER at Airport Road, Amritsar. The complainant made initial payment of Rs.3,82,500/- on 18.3.2012 as per demand letter Ex.C3 i.e. 10% of the total consideration value of Rs.38,25,000/-. The complainant went on making the payment in installments and till date, he has made payment of Rs.14,48,000/- to the Opposite Party as is evident from the demand letter issued by the Opposite Party Ex.C3. Acknowledgement regarding the receipt of Rs.10,65,000/- on 10.5.2012 by the Opposite Party is Ex.C4 and the acknowledgement regarding the receipt of Rs.3,82,500/- is Ex.C5, but the Opposite Party neither handed over the possession of the plot in question to the complainant nor completed the project, rather not even reached any where near completing such project. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of Opposite Party.
- The complainant proved all these averments as taken in the complaint, through his affidavit Ex.C1 and also proved on record the copy of Advance Registration Form Ex.C2, acknowledgement receipt regarding the payment of Rs.3,82,500/- to the Opposite Party Ex.C5, acknowledge receipt regarding the payment of Rs. 10,65,000/- to the Opposite Party Ex.C4 and total payment received by Opposite Party Rs.14,48,000/- Ex.C3. The evidence produced on record by the complainant remained unrebutted and unchallenged as none appeared on behalf of the Opposite Party despite service to contest the case of the complainant nor any person from the Opposite Party dared to file any affidavit nor stepped into the witness box, to rebut the case of the complainant.
- So, from the entire unrebutted evidence produced by the complainant on record, it stands fully proved on record that the complainant has made the payment of Rs.14,48,000/- to the Opposite Party for the apartment allotted by the Opposite Party, to the complainant in Metropolis Tower Project, Airport Road, Amritsar i.e. Unit of 850 square feet Studio Apartment as per letter Ex.C3. Opposite Party neither developed the said project i.e. Metropolis Tower Project nor handed over the possession of said Metropolis Tower allotted to the complainant, to the complainant. So, the Opposite Party is bound to refund the aforesaid amount to the complainant i.e. Rs.14,48,000/- alongwith interest.
- Resultantly, we allow the complaint of the complainant exparte with costs against Opposite Party and the Opposite Party is directed to refund the amount paid by the complainant i.e. Rs.14,48,000/- alongwith interest @ 9% per annum from the date of last payment i.e. 11.5.2012, till the payment is made to the complainant. Opposite Party is also directed to pay the cost of litigation to the tune of Rs.1,000/- to the complainant. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Dated: 08.01.2016. (Bhupinder Singh) President hrg (Anoop Sharma) (Kulwant Kaur Bajwa) Member Member | |
