BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.519 of 2014
Date of institution: 22.08.2014
Date of Decision: 05.06.2015
Paramjeet Kaur d/o Tirlok Singh resident of # 1157, Sector 46-B, Chandigarh.
……..Complainant
Versus
1. Mount Kailash Land Base Pvt. Ltd., 654, Sector 21, Panchkula through its Director Mr. Amit Dua.
2. Mount Kailash Land Base Pvt. Ltd., Block 4-A, Flkat No.301, Nirmal Chhaya, VIP Road, Zirakpur through its Director Mr. Gagandeep Singh @ Prince.
3. Mount Kailash Land Base Pvt. Ltd., Flat No.403, Tower No.13, Daisy Tower, Bollywood Height, Zirakpur, District Mohali through its Director Mr. Vikas Nagpal.
4. Mount Kailash Land Base Pvt. Ltd., 654, Sector 21, Panchkula through its Director Shri Satnam Singh.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh, Member
Mrs. R.K. Aulakh, Member.
Present: Shri Devinder Kumar, counsel for the complainant.
Ms. Gurmeet Kaur, counsel for OP Nos.1 and 3.
OP Nos.2 and 4 exparte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 for issuance of following directions to the Opposite Parties (for short ‘the OPs’):
- to refund her Rs.14,00,000/- with interest @ 12% per annum from the date deposit till payment.
(b) to pay her Rs.2,00,000/- as compensation for mental agony and harassment.
(c) to pay her Rs.55,000/- as litigation expenses.
The complainant’s case is that she booked a flat in the project of the OPs namely ‘Vishranti’ vide application form Ex.C-1 on 17.07.2011 by paying Rs.4.00 lacs through two cheques dated 05.07.2011 and 18.07.2011 vide receipts Ex.C-2 and C-3. The area of the apartment was 1200 sq. ft. and the total price was Rs.21.00 lacs. The complainant was allotted Flat No.3 in Block-A at Ground Floor. An agreement to sell Ex.C-4 was executed between the parties. The Ops assured that the possession of the flat will be delivered by 25.08.2012. Thereafter, the complainant paid Rs.2,50,000/- each on 26.09.2011, 27.11.2011, 27.01.2012 and 27.03.2012 to the OPs vide Ex.C-5 to C-9. The OPs assured to provide the facilities as contained in brochure Ex.C-10. The complainant visited the site and found that the flats are not in a condition to get possession which is evident from the photographs Ex.C-11 to C-14. Thus, the complainant has sought directions to the OPs to refund her deposited amount.
2. OP Nos.1 and 3 in the written statement have pleaded in the preliminary objections that the complainant has not deposited the payment as per payment plan chosen by her and she committed default in making payment. The flats are complete and if the complainant makes the remaining payment with 18% interest the flat can be handed over to her within 30 days. The complainant did not serve any notice on the Ops before filing the present complaint. The complainant did not write any letter after making last payment on 27.03.2012. On merits, it is pleaded that the name of the project of the OPs is not Vashranti but it is named as M/s. Mount Kailash Land Base Pvt. Ltd. The project of the Ops delayed due to change in directors and financial problems. Thus, denying any deficiency in service on their part, OP Nos.1 and 3 have sought dismissal of the complaint.
3. None appeared for OP No.2 despite service and thus, OP No.2 was proceeded against exparte on 10.10.2014. OP No.4 was impleaded as party vide order dated 06.02.2015 and on that date counsel for OP Nos.1 and 3 accepted the notice on behalf of OP No.4 also but later on learned counsel for OP Nos.1 and 3 pleaded not instructions from OP No.4. Thereafter none appeared for OP No.4 and it too was proceeded against exparte vide order dated 20.02.2015.
4. Evidence of the complainant consists of her affidavit Ex.CW-1/1; copies of documents Ex.C-1 to C-23.
5. Evidence of OP Nos.1 and 3 consists of affidavit of Amit Dua Ex.OP-1/1 and copies of documents Ex.OP-1 to OP-10.
6. In view of the decision of Hon’ble Uttrakhand State Consumer Disputes Redressal Commission in case titled as Consoritum Securities Pvt. Ltd. & Ors. Vs. Smt. Anjana Tyagi, 2013(3) CLT 570 by relying upon the judgment of Hon’ble National Commission in case titled as Mathura Mahto Mistry Vs. Bindeshwar Jha (Dr.) & another, 2008 (I) CLT 566, OP No.2 was given three opportunities to rebut the evidence of the complainant. However, none appeared for it to rebut the evidence.
7. We have heard the learned counsel for the parties and have gone through the written arguments filed by them.
8. The allotment of Flat No.3, Block-A Ground Floor vide allotment letter is admitted. As per terms of allotment total payment of Rs.14.00 lacs is admitted by the OP. As per the terms of allotment, the possession of the flat was to be delivered by 25.08.2012. Despite having received the major amount of Rs.14.00 lacs against the agreed amount of Rs.21.00 lacs, the flat is not ready and no offer of possession has been issued. On site the complainant found the flats not ready and no development on the site. In order to support her contention the photographs Ex.C-11 to 14 have been produced by the complainant which clearly shows under construction flats till date. Under the circumstances, the complainant has alleged deficiency in service and sought refund of the amount.
9. The OPs have accepted the delay in the project due to change in directors and financial problems and, therefore, denied deficiency in service as now the flats are ready for possession.
10. Once there is an admission by the Ops that they have failed to handover the possession within the stipulated and agreed date, and still till date they have not issued any offer of possession that goes to show unfair trade practice and deficiency in service writ large on the part of the OPs. Therefore, the complaint deserves to be allowed and the complainant deserves to be compensated.
11. In view of above discussion, the complaint is allowed with the following directions to the OPs to:
(a) refund the amount of Rs.14.00 lacs (Rs. Fourteen lacs only) with interest thereon @ 12% per annum from the dates of respective deposit till actual realisation.
(b) to pay a lump sum compensation of Rs.1.00 lac (Rs. One lac only) on account of mental agony, harassment and costs of litigation.
Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
June 05, 2015.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh)
Member
(Mrs. R.K. Aulakh)
Member
