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

                                  Consumer Complaint No.702 of 2015

                                                Date of institution:  29.12.2015                                         Date of decision   :  27.09.2016

Anupinder Kaur wife of Dalbir Singh resident of # 1102, Shivalik City, Landran Road, Kharar, District SAS Nagar through her authorised person Dalbir Singh son of Prem Singh.

                                  ……..Complainant

                                        Versus

1.     M/s. Bajwa Developers Limited, Sunny Enclave, Desu Majra, Sector 127, Tehsil Kharar, District Mohali through its Managing Director.

2.     Jarnail Singh Bajwa, MD, M/s. Bajwa Developers Limited, Sunny Enclave, Desu Majra, Sector 127, Tehsil Kharar, District Mohali

                                                      ………. Opposite Parties

Complaint under Sections 12 to 14

of the Consumer Protection Act

Quorum

Shri Ajit Pal Singh Rajput, President                          Mrs. R.K. Aulakh, Member.

Present:    Shri Dalbir Singh authorised representative of the complainant in person.

                Shri Kulwinder Singh, counsel for the OPs.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant, Anupinder Kaur wife of Dalbir Singh resident of  1102, Shivalik City, Landran Road, Kharar, District SAS Nagar  has filed the present complaint through her authorised person Dalbir Singh son of Prem Singh,  against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant had entered into an agreement  dated 08.05.2011  with the OPs for purchase of 1 BHK Flat BR No.(1632) 1732 in village F21, Mohali, Sector 74-A, 117 measuring 450 sq. ft. for a total sale consideration of Rs.12,00,000/-. The complainant at that time paid Rs.3.00 lacs to the OPs as earnest money i.e. Rs.75,000/- as biana on 06.05.2011 and Rs.2,25,000/- on 08.05.2011.  At the time of agreement, the OPs assured the complainant to pay the amount in 5 installments of Rs.1,80,000/- and the first installment was to be paid after 3 months once the OP get the Change of Land Use clearance and lay out plan etc. and the second installment after another 3 months once the flat is ready for possession. The officials of the OP will inform the complainant to pay the installments once the OPs gets CLU clearance and layout plan which they assured will get shortly. Thereafter, the complainant visited the site many times but found that there was no development and then she requested the OP to refund the amount but OPs have been lingering on the matter.  However, on 15.12.2015 the OPs have flatly refused to refund the amount to the complainant. Hence this complaint for giving directions to the OPs to refund the deposited amount of Rs.3,00,000/- alongwith interest @ 12% per annum; compensation of Rs.1,00,000/- for mental and physical harassment and Rs.25,000/- 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 this Forum has no jurisdiction to entertain and try the complaint as the sale consideration of the flat is Rs.12,00,000/-; the complainant is stopped by her own act and conduct as she herself agreed to pay the installments due within stipulated period as per agreement to which the complainant has failed, as per Clause 3 of the agreement the amount deposited by the complainant is liable to be forfeited. Approvals of the project are under process and it will take time for getting the approval and possession of the flat.  The complainant had paid only Rs.3,00,000/- out of Rs.12,00,000/- and has committed default in making payment of remaining installments. 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 authorised representative of complainant tendered his affidavit Ex. CW-1/1; copies of authority letter Ex.C-1 and agreement to sell Ex.C-2. In rebuttal the OPs tendered in evidence affidavit of Jarnail Singh Bajwa, theirs MD Ex.OP-1/1.

5.             It has been argued by learned counsel for the complainant that 1 BHK BR Flat No.(1632) 1732 at 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/-. At the time of entering into agreement the complainant paid Rs.3.00 lacs, out of which Rs.75,000/- was paid to the OPs on 06.05.2011 and Rs.2,25,000/- on 08.05.2011.  As there was no construction, development made by the OPs at the site, the complainant visited the OPs for refund of the deposited amount but no reply was given by the OPs. 

6.             On the other hand, the learned counsel for the OPs has contended that the complainant has committed default in making payment of installments as per buyers agreement dated 08.05.2011.  The complainant herself has agreed to pay the installments within the stipulated period as per the buyers agreement.  Learned counsel for the OPs has relied upon the decision of Hon’ble State Consumer Disputes Redressal Commission Punjab in case titled as M/s. Bajwa Developers Ltd. Vs. Gurinder Singh in First Appeal No.329 of 2015 decided on 01.08.2016, in which the Hon’ble State Commission while relying upon the decision of Hon’ble National Commission in 2015(1) CPJ 514 (Randhir Singh and Anr. Vs. Omaxe Chandigarh Extension Developers Pvt. Ltd.)  has held in Para No.9 that as  the complainants were  defaulter in not making the payment of installments; to which they had agreed, they were not entitled to any interest.

7.             We have gone through the pleadings, evidence and written arguments of the parties and heard the oral submissions, addressed by the learned counsel for the parties. We are of the opinion that in the present case also the complainant had paid Rs.3,00,000/- to the OPs but did not pay the remaining installments as it is established from the material placed on record by the complainant. Thus the complainant cannot be held entitled to any interest on the deposited amount.

8.             In view of our aforestated discussion and the judgment citied by the OP of Hon’ble State Commission, Punjab in case titled as M/s. Bajwa Developers Ltd. Vs. Gurinder Singh (Supra), we are of the view that the present case is also covered by the aforestated judgment.

9.             Accordingly, we direct the OPs to refund the deposited amount of Rs.3,00,000/- (Rs. Three lacs only) to the complainant. We also find that the complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony caused due to negligent act of the OPs and litigation cost of Rs.5000/- (Rs. Five thousand only).   The present complaint stands partly allowed accordingly.            

                The OPs are further directed to comply with the order of this Forum within 45 days from the date of receipt of this order, otherwise the OPs shall be liable to pay 8% interest per annum on the total cost awarded.

                The arguments on the complaint were heard on 21.09.2016 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: 27.09.2016    

                                         (A.P.S.Rajput)           

President

                (Mrs. R.K. Aulakh)

Member