DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 388 of 2010 Date of Inst: 10.06.2010 Date of Decision:18.03.2011 Tej Pal Singh s/o Sh.Nihal Singh at present r/o H.No.1247-A, Sunny Enclaves, Sector 125, Greater Mohali, Punjab. ---Complainant V E R S U S 1. M/s Amariss Builders & Consultants Pvt. Ltd., Admn. Office SCO 161-162, Sector 8-C, Chandigarh. 2. S.Jaspal Singh, Managing Director, M/s Amariss Builders & Consultants Pvt. Ltd., Admn. Office SCO 161-162, Sector 8-C, Chandigarh. 3. S.Tejinder Singh, Managing Director, M/s Amariss Builders & Consultants Pvt. Ltd., Admn. Office SCO 161-162, Sector 8-C, Chandigarh. 4. Mr.Tejinder Singh, House No.215, Sector 70, SAS Nagar, Mohali (Pb.). 5. S.Tejinder Singh Bhatia through its Managing Director, M/s Yellow Stone Landmark, Info City Level-III, SCO 123-124, Sector 17-C, Chandigarh. ---Opposite Parties QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER SMT.MADHU MUTNEJA MEMBER PRESENT: Sh.Kuljeet Singh, Adv. for complainant OPs exparte. -- PER LAKSHMAN SHARMA, PRESIDENT Sh.Tej Pal Singh has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to :- i) Refund the booking price of flat i.e. Rs.5,95,000/- along with interest @ 24% p.a. ii) Pay Rs.2 lacs as compensation for mental agony and harassment. iii) Pay Rs.30000/- as cost of litigation. 2. In brief, the case of the complainant is that he booked one Super Duplex flat vide application No.933 dated 26.12.2005 in “Vrindavan Apartments” which was to be constructed by OPs on Kharar Chandigarh highway. The complainant deposited the booking amount of Rs.5,95,000/- vide two receipts i.e. Rs.1,00,000/- vide receipt No.0469 dated 26.12.2005 and Rs.4,95,000/- vide receipt No.475 dated 03.01.2006 (Annexure C-1 and C-2). According to the complainant, nothing has been done by the OPs at the site since the last five years. According to the complainant, OPs have failed to deliver the possession and even have not returned the amount despite repeated requests. On great persuasion, OPs issued four postdated cheques towards the booking amount of Rs.5,95,000/- to the complainant. The complainant presented the aforesaid cheques for its encashment to his bankers i.e. Corporation Bank, Mohali but the same were dishonoured with the endorsement of the bank having the remarks “funds insufficient”. Thereafter, the complainant made repeated requests to OPs to refund the booking amount but all in vain. Ultimately, the complainant got served a legal notice dated 10.05.2010 (Annexure C-4) but to no effect. According to the complainant, the aforesaid acts on the part of OPs amount to deficiency in service and unfair trade practice. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. OPs were duly served through publication in the newspaper “Daily Desh Sewak dated 07.10.2010 for 28.10.2010 but nobody appeared on their behalf either in person or through counsel. Therefore, they were ordered to be proceeded against exparte vide order dated 31.01.2011. 4. We have heard the learned counsel for the complainant and have gone through the entire record including documents, annexures, affidavits etc. 5. The averments made in the complaint as reproduced above in para No.2 of the order stand corroborated from his affidavit well as the Annexures C-1 to C-4. The complainant has specifically stated in his affidavit that the possession of the flat has not been delivered to him despite his repeated requests and visits. The complainant has further deposed in his affidavit that the cheques issued by OPs in discharge of their liability to pay back the booking amount of Rs.5,95,000/- have been dishonoured on its presentation on account of “funds insufficient”. All this evidence led by the complainant proves his case that OPs have not only failed to offer the possession of the flat but also failed to return the booking amount so far. OPs have also misappropriated the hard earned money of the complainant on the pretext of offering the possession of the flat for such a long period and the same has also not been refunded to the complainant so far. Thus, the complaint deserves success and the complainant is held entitled to refund of the booking amount along with interest. 6. In view of the foregoing findings, this complaint is allowed with a direction to OPs to refund the booking amount of Rs.5,95,000/- to the complainant along with interest @ 9% p.a. from the respective dates of deposits till its realization besides Rs.7000/- as costs of litigation. 7. This order be complied with by OPs jointly and severally within one month from the date of receipt of its certified copy, failing which OPs shall be liable to refund the aforesaid total amount to the complainant along with penal interest @ 18% p.a. from the respective dates of its deposits till its realization besides costs of litigation. 8. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 18.03.2011 Sd/- (LAKSHMAN SHARMA) PRESIDENT cm sd/- (ASHOK RAJ BHANDARI) MEMBER Sd/- (MADHU MUTNEJA) MEMBER
| | MR. A.R BHANDARI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MRS. MADHU MUTNEJA, MEMBER | | 
