Haryana

Panchkula

CC/87/2015

SULTAN SINGH. - Complainant(s)

Versus

M/S ANCHAL HOMES PVT.LTD. - Opp.Party(s)

COMPLAINANT IN PERSON.

19 Oct 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.                                                

Consumer Complaint No	:	87 of 2015
Date of Institution	:	12.05.2015
Date of Decision	:	19.10.2015

Sultan Singh s/o Sh.Lakhi Ram, R/o House No.130, Type-II, MES Colony, Chandimandir Cantt, Tehsil & Distt. Panchkula.

                                                                           ….Complainant

Versus

 

Mr.Jai, Prop. of M/s Anchal Homes Private Ltd., Branch office, SCO NO.1, NH-22, Bitna Road, Pinjore, Distt. Panchkula.

                                                             ….Opposite Party

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:              Mr.Dharam Pal, President.

            Mrs.Anita Kapoor, Member.

            Mr.S.P.Attri, Member.

 

For the Parties:   Mr.Rajesh Bura, Adv., for the complainant alongwith complainant. 

                        Mr.Naresh Mehta, Adv., for the Ops.

 

ORDER

(Dharam Pal, Presi­dent)

 

1. The complainant-Sultan Singh has filed the present complaint against the Op with the averments that he booked a two room set house measuring 100 sq. yards with the Op for an amount of Rs.14,00,000/-. The complainant told the Op that he has only Rs.2,00,000/- and has to take a loan of balance amount. The Op assured the complainant that he would get him the loan of Rs.12,00,000/- from some financial institution. On the assurance of OP, the complainant paid a sum of Rs.11,000/- as booking amount. An agreement was executed between the parties on 18.02.2015 and the complainant further paid a sum of Rs.1,00,000/- to the OP. The Op told the complainant that Rs.11,000/- would be adjusted in the amount of Rs.1,00,000/-. Thereafter, the complainant applied for house loan from LIC HFL, Chandigarh which sanctioned the loan amount of Rs.9,00,000/-. The complainant approached the OP and told him that the OP promised him to provide the loan amount of Rs.12,00,000/- but it was approved only Rs.9,00,000/-. The complainant told the OP that he was not in a position to pay the balance amount of Rs.3,00,000/- and requested the Op to refund the earnest money. The Op offered the complainant to exchange the 100 sq. yards plot with 50 sq. yards or 75 sq. yards plot but the complainant refused to accept the same and requested him to refund the money given by the complainant as at the time of agreement, the Op promised the complainant to provide housing loan of Rs.12,00,000/- otherwise the Op has to refund the earnest money. At the time of booking, the Op had shown plot No.88, measuring 30x30 to the complainant and the same was of corner having two sides open but thereafter, the Op had changed the number of plot. This act of the OP amounts to deficiency in service on its part. Hence, this complaint.
2. The Op appeared and filed written statement. It is submitted that the complainant had booked two rooms set house measuring 100 sq. yards with the Op for an amount of Rs.14,00,000/- It is denied that the complainant told the Op that he had only Rs.2,00,000/-. It is denied that the Op assured the complainant that he would provide him a loan of Rs.12,00,000/- from some financial institution. It is submitted that it was the duty of the complainant to get finance from any institution for taking loan as per his eligibility. It is submitted that the complainant paid Rs.11,000/- as booking amount and Rs.1,00,000/- on 18.02.2015 at the time of execution of agreement. It is submitted that the complainant has not paid the balance amount as per agreement. It is submitted that the Op is still ready to get execute the sale deed and to construct house as per agreement after receiving the balance payment as per the schedule of agreement. It is submitted that it was the complainant who himself backed out from the agreement and wanted to get back his earnest money. It is submitted that if the complainant does not come forward to get the sale deed registered after paying the balance amount, the earnest money would be forfeited in favour of OP as per the agreement. It is submitted that when the complainant told the Op that the loan of Rs.9,00,000/- has been sanctioned and he has no remaining amount of Rs.3,00,000/- then the OP offered him a small plot of 50 sq. yards or 75 sq. yards but the complainant did not get ready to purchase the said plots. It is submitted that if the complainant is ready to purchase the plot/house as mentioned in the agreement, the Op is ready to give him plot No.88 measuring 30’x30’ on the same location after receiving the remaining amount. Thus, there is no deficiency in service on the part of OP and prayed for dismissal of the complaint with costs.
3. The counsel for the complainant has tendered into evidence by way of affidavit Annexure C-A & C-B alongwith documents Annexure C-1 to C-10 and closed the evidence. On the other hand, counsel for the Op has tendered into evidence by way of affidavit Annexure R-A & R-B and closed the evidence.
4. We have heard learned counsel for the parties and have gone through the case file carefully and minutely.
5. Admittedly, the complainant-Sultan Singh booked two room set house measuring 100 sq. yards with the Op for an amount of RS.14,00,000/-. The complainant has paid Rs.1,00,000/- as earnest money and Rs.11,000/- as booking amount (Annexure C-3 & C-4). The agreement to sell was executed between the parties on 18.02.2015 (Annexure C-3). The learned counsel for the complainant has submitted that at the time of booking, the OP assured that he will provide a loan of Rs.12,00,000/- from some financial institution as mentioned by the OP (Annexure C-1). The complainant applied for housing loan from HCL Housing Financial Ltd., Chandigarh on the asking of the Op and the LIC Housing Financial Ltd. sanctioned the loan of Rs.9,00,000/- vide Annexure C-9. But the complainant explained the Op that he is not in a position to pay the balance amount of Rs.3,00,000/- and requested for the refund of the earnest money paid by him. The learned counsel for the complainant has also submitted that at the time of booking the plot bearing No.88 measuring 30 x 30 which was of the corner side having two side open but the OP has changed the number of plot and gave an another plot which was on the back side and not the said plot which was shown to the complainant. In support of his contention, the complainant produced site plan (Annexure C-5 and C-6).
6. On the other hand, the learned counsel for the Op has submitted that Op had not assured the complainant that he will provide loan of Rs.12,00,000/- to him. It is the duty of the complainant to get from any institution for taking loan at per his eligibility. The complainant has not paid the balance amount as per agreement (Annexure C-2). He has further argued that the Op is still ready to get executed the sale deed and to construct the house as per agreement after receiving the balance payment as per schedule of the agreement. He further submitted that the last date of execution of sale deed was 18.07.2015 and the complainant did not come forward to get register the sale deed. The earnest money deposited by the complainant has been forfeited. The learned counsel for the OP further argued that the Op offered the complainant a small plot of 50 sq. yard and 75 sq. yard as he is not able to arrange the remaining amount of Rs.3,00,000/-. He also argued that the Op is still ready to give plot No.88 measuring 30 x 30 on the same location after receiving the consideration amount.
7. The facts recorded in the preceding paras notwithstanding, the cue to the controversy lies elsewhere. There is a precise averment in the course of affidavit (Annexure C-1) filed by the complainant that it has transpired on perusal of the revenue record (Annexure C-7 and C-8) that the OP do not even have any title in the land in which the purported construction of flats was to take place. It is also the averment in the course of the affidavit filed by the complainant that the OP has not also obtained any Governmental approval for the proposed construction. The plea raised thereby is that the OP has thereby defrauded the complainant by promising services which they just could not fulfill for want of a title in the land upon which the proposed construction was to be raised. As against that precise averment, the OP has not placed on record any documentation to controvert the averments aforementioned.
8. Thus, we find that the OP is accountable on two counts i.e. for having promised to raise construction on a land which did not belong to them and further for not having obtained any Governmental approval for the proposed construction. Those averments, which are precise in character and which prove deficiency of services on the part of the OP, have not been controverted by the OP. In the light of the fact that the relevant averments made by the complainant were supported by the contents of Annexure C-7 and C-8, the OP was mandated to controvert the same by production of any record which could falsify those averments including the contents of Annexure C-7 and C-8.
9. In the light of the above discussion, we are of the view that the complaint deserves to be allowed and, while allowing it, we direct the OP to: -

(a)    Refund the two items of amount i.e. Rs.1 lac and Rs.11,000/- which they had received from the complainant, alongwith interest @ 9% from the date of deposit and till the realization thereof;

(b)    Pay a sum of Rs.20,000/- to the complainant as compensation for the mental agony and harassment caused to him; And

    (c)    Pay a sum of Rs.5,000/- as the cost of litigation.

10. OPs shall comply with this order within a period of one month from the date its communication to it comes about. A copy of this order be sent to both the parties free of costs. File be consigned to records after due compliance.

 

 

Announced

19.10.2015    S.P.ATTRI       ANITA KAPOOR          DHARAM PAL

                    MEMBER        MEMBER                   PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

                                   

                                     

                                        DHARAM PAL                                                                             PRESIDENT