DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 41 of 2016
Date of institution: 14.01.2016 Date of decision : 01.06.2017
Ravi Kumar son of Late Hoshiar Singh, resident of # 2362, FF, Sector 44-C, Chandigarh.
……..Complainant
Versus
M/s. Bajwa Developers Ltd., Regd. Office, SCO 17-18, Sunny Enclave, Desumajra, Kharar, District Mohali 140301 through its Managing Director Shri Jarnail Singh Bajwa.
………. Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member
Present: Shri Divjyot S. Sandhu, counsel for the complainant.
Shri Kulwinder Singh, counsel for the OP.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Ravi Kumar has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. Allured by the advertisements and tall claims of the OP, the complainant booked a dwelling unit/flat in the project of the OP namely Paradise Apartment at village Desumajra, Kharar, District SAS Nagar (Mohali) by paying Rs.50,000/- as token amount on 11.02.2011. The complainant paid to the OP Rs.1.50 lakhs on 12.02.2011 and an agreement to sell was also executed between the complainant and the OP on 12.02.2011. The complainant was allotted flat No.152 Ist Floor having area of 600 sq. ft. (approximately) in the aforesaid project by the OP at a total sale consideration of Rs.10.00 lakhs. It was assured by the OP that the project would be completed within three years. The complainant made a total payment of Rs.8,00,000/- to the OP upto 01.03.2012 . Thereafter, the complainant visited the OP many times for execution of sale deed, however, the matter was put off on one pretext or the other. The complainant came to know that the OP has allotted/sold the flat of the complainant to some other person by taking high premium. The complainant asked the OP to get the sale deed executed but the OP refused by saying that inadvertently its office has sold/allotted the flat to somebody and offered the complainant flat/apartment in a different locality on a higher price. Since the price of the flat was beyond his capacity, the complainant did not accept the offer of the OP. The complainant then asked the OP to refund the deposited amount. The OP refused to refund the money but insisted upon adjusting the amount in some other flat at a different location on a high price. The OP has never demanded the balance payment from the complainant though the complainant offered the same number of times which was not accepted by the OP. The complainant is ready to pay the balance amount provided the sale deed of the flat is executed and possession is delivered to the complainant. The OP by selling/allotting the flat/apartment booked in the name of the complainant to some other party has indulged in unfair trade practice. Hence this complaint for giving directions to the OP to execute the sale deed and the possession of the flat No.152 Ist Floor having area of 600 sq.ft. (approx.) in Paradise Apartment or in the alternative to refund Rs.8.00 lacs alongwith interest @ 18% per annum from the dates of deposit till realisation; to pay him Rs.5,00,000/- as compensation for mental and financial loss and Rs.1,10,000/- as litigation expenses.
3. Upon notice, the OP caused appearance and filing reply in which it has raised certain preliminary objections, inter alia, that this Forum has no jurisdiction to entertain and try the complaint; as the complainant has committed default in payment of installments, as per Clause 8 of the agreement earnest money deposited by the complainant is liable to be forfeited in case the purchaser failed to deposit the agreed amount within 60 day from the due date and the OP shall transfer the dwelling unit to other purchaser and the purchaser shall have no lien/claim on the said apartment. 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 complainant tendered in evidence his affidavit Ex. CW-1/1 and copy of agreement to sell Ex.C-1. In rebuttal the OPs tendered in evidence affidavit of Jarnail Singh Bajwa, its MD Ex.OP-1/1.
5. It has been argued by learned counsel for the complainant that despite payment of Rs.8.00 lakhs against the total sale consideration of Rs.10.00 lakhs of the Flat No.152, 1st Floor in the Paradise Apartment being developed by the OP at Kharar, the Op without consent of the complainant has sold his flat to another purchaser. Learned counsel has argued that the complainant has never defaulted in the payment. The OP never demanded any payment against the flat from the complainant. Learned counsel has thus argued that the alternative flat offered by the OP to the complainant is on a higher price and this offer is not acceptable to the complainant. Thus, learned counsel prayed for allowing the complainant and refund of the deposited amount of the complainant alongwith interest and also suitably compensating the complainant for mental agony, harassment and litigation expenses.
6. On the other hand, the learned counsel for the OP has argued that the complainant did not make the balance payment and in terms of the conditions of the agreement the OP has the right that if the purchaser does not make the balance payment, the plot can be sold to another purchaser. Justifying sale of plot to another purchaser due to default in making payment by the complainant, learned counsel has sought dismissal of the complaint.
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. The total sale consideration of the flat allotted to the complainant is Rs.10.00 lakhs. The complainant has proved payment of Rs.8.00 lakhs against the total sale consideration of the flat vide agreement Ex.C-1 wherein all the payments made by the complainant from 01.02.2011 to 01.03.2012 have been duly mentioned. The OP has not been able to rebut the contention of learned counsel for the complainant that the OP has sold the plot allotted to the complainant to some other purchaser. The complainant has stated that the OP has sold his plot at a higher rate to some other purchaser. The alternative flat offered to the complainant is at a higher price and this offer of the OP is not acceptable to the complainant. This act of the OP is a clear cut case of unfair trade practice and deficiency in service on the part of the OP. Thus, the amount deposited by the complainant with the OP is to be got refunded to him alongwith interest. Hon’ble State Consumer Disputes Redressal Commission in a latest decision in Ms. Sneh Sood Vs. M/s. Bajwa Developers Ltd. in Consumer Complaint No.240 of 2016 decided on 23.02.2017 has ordered refund of the deposited amount of the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund.
8. Accordingly, in view of our aforesaid discussion, we direct the OP to refund the deposited amount of Rs.8,00,000/- (Rs.Eight Lakhs only) to the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due the negligent act of the OP and litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed.
The OP is further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 12% per annum from the date of this order till realisation.
The arguments on the complaint were heard on 24.05.2017 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: 01.06.2017
(A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
