Punjab

Faridkot

CC/15/41

Smt.kiranjeet Kaur - Complainant(s)

Versus

M/s Emerging India Housing Corporation Pvt Ltd. - Opp.Party(s)

Atul Gupta

27 Jul 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :       41

Date of Institution:  10.03.2015

Date of Decision :    27.07.2015

 

1. Kiranjit Kaur aged about 36 years w/o late Kawaljit Singh.

2. Rasveen Kaur aged about16 years minor d/o late Kawaljit Singh.

3. Nikhita Kaur aged about14 years minor d/o late Kawaljit Singh.

4. Jayveer Singh aged about10 years minor s/o late Kawaljit Singh.

   All through their mother as Natural guardian and next friend.

5. Amirjeet Singh father of late Kawaljit Singh r/o Singapore through Kiranjit Kaur w/o late Kawaljit Singh r/o H No. 116, Park Avenue, Faridkot.

   ...Complainants

   Versus

6. M/s Emerging India Housing Corporation Pvt Ltd, through its Managing Director, SCO 46-47, 1^st Floor, Sector 9 D Near Matka Chowk, Madhya Marg, Chandigarh.

7. M/s Emerging India Housing Corporation Pvt Ltd, through its Office Incharge, Near Railway Crossing, Faridkot-Kotkapura Road, Kotkapura, District Faridkot.

                                  ....Opposite parties (Ops)

    

   Complaint under Section 12 of the

   Consumer Protection Act, 1986.

   Quorum:     Sh Ajit Aggarwal, President,

   Smt Parampal Kaur, Member,

   Sh P Singla, Member.

    

   Present:      Sh Atul Gupta, Ld Counsel for complainant,    

                     OPs Exparte.

    

    (Ajit Aggarwal, President)

                      Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to OPs to refund amount of Rs 5,16,000/-with interest and to pay Rs 2,00,000/- as compensation for mental agony and harassment and financial loss to complainant and Rs 20,000/-for litigation expenses.

   2                              Briefly stated, the case of the complainant is that OPs floated a scheme of raising apartments, shopping mall, multiplex, business centre near Tangori at the site namely Emerging Valley near Banur and Tarun employee of OPs having employee code no. 7914 from Kotkapura Branch of OPs approached Kawaljit Singh at Faridkot and apprised him regarding project in the presence of his wife/complainant no. 1. Said advisor of OPs told Kawaljit Singh in the presence of his wife that OPs are going to raise apartments, shopping mall, multiplex business centre in Emerging Valley and said colony is duly approved by PUDA and other authorities. It was also apprised that Sub Urban Community would be in 100 acres and there would be more than 50 % open spaces, green areas, 200 ft wide main road, ultra modern club with swimming pool, all modern amenities like 24x7 availability of water, power back up, well maintained Jogging tracks, security post, beautifully landscaped garden with water bodies and other facilities and best possible construction material would be used and project would be completed by 31.12.2014. At the instance of OPs, Kawaljit Singh agreed to purchase one 2 BHK and gave cheques dt 5.03.2012 and 14.03.2012 for Rs 2,25,000/- and 2,91,000/-respectively to OPs and total amount of Rs 5,16,000/-stood duly credited in the account of OPs, but unfortunately, Kawaljit Singh died on 14.07.2012 and complainants duly informed about this fact to OPs on 22.11.2012. Ld Counsel for complainant pleaded that complainant no. 1 /Kiranjit Kaur is resident of Singapore and she applied for obtaining probate of her deceased husband in the High Court of Singapore, wherein she alongwith Amirjit Singh and remaining complainants have been held to be the beneficiaries.  It is contended that during the lifetime of Kawaljit Singh and thereafter, OPs did not provide any terms and conditions of the project despite demand. OPs had only issued one certificate regarding allotment of 2BHK bearing docket no, 2BHK 090. Thereafter, complainant no. 1 went to see the site, but there was nothing as apprised by Ops. Thus, Ops have cheated the complainant and have used the money of complainants for their personal gains. Complainant approached office of OPs and requested OP-2 to return their amount of Rs 5,16,000/-with interest at the rate of 18 % from the date of receipt, but all in vain. This act of Ops amounts to deficiency in service and trade mal practice on the part of Ops and has caused great harassment and mental agony to complainants for which she is entitled for compensation of Rs 2,00,000/- besides Rs 20,000/- as litigation expenses alongwith refund of Rs 5,16,000/-. Hence, the complaint.

   3                                          The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 12.03.2015, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                              On receipt of notice, OPs initially appeared in the Forum through Sh Mukesh Kumar, Office Incharge of Ops but later on OPs neither appeared themselves or through their representative nor filed any reply despite taking many opportunities and alternatively after a long waiting, they were proceeded against exparte vide detailed order dated 5.06.2015.

5                                       Parties were given proper opportunities to prove their respective case. The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-15 and then, closed the evidence.

6                                                   As there is no rebuttal from OPs and in the absence of reply or evidence by OPs, we have heard the exparte arguments advanced by learned counsel for the complainant and have very carefully gone through the affidavits and documents placed on the file.

7                                 Ld Counsel for complainant argued that OP-1 had floated a scheme of raising shopping malls, multiplex, business centre near Tangori at the site namely Emerging Valley near Banur. Mr Tarun employee of the OPs at their Kotkapura branch approached Kawaljit Singh predecessor in interest of complaint and apprised him regarding the project. He allured him regarding the project and showed a very colourful picture regarding it and told about many facilities mentioned in the brochure issued by the Company. Copy of the brochure is Ex C-10 and promised that the project would be completed by 31.12.2014. At the instance of Tarun, Kawaljit Singh purchased 2 BHK flat and made payment of Rs 5,16,000/-as booking amount vide two cheques dt 5.03.2012 for Rs 2,25,000/- and cheque dt 14.03.2012 for Rs 2,19,000/-drawn from ICICI Bank, Faridkot, which were duly credited in the account  of OPs. OPs issued receipt regarding the payment which is Ex C-8. Kawaljit Singh died on 17.07.2012 leaving behind the complainants as his only legal heirs. Complainant duly informed OPs regarding the death of Kawaljit Singh vide letter dt 22.11.2012, copy of which is Ex C-5. Complainants are residents of Singapore and the court of Singapore duly issued probate regarding inheritance of Kawaljit Singh in favour of complainants. OPs never provided any terms and conditions regarding the project neither to Kawaljit Singh nor after his death to complainant despite repeated requests.They only issued a certificate regarding allotment bearing docket number 2BHK 090, copy of the same is Ex C-6. Complainant visited the project site to see the development but there was nothing as told by the OPs. They approached OPs and enquired them about it. OPs gave assurance that project would be ready within short period but till today, no development work is done at the project site. The OPs cheated complainant and indulged themselves in unfair trade practice by duping the complainants and they have used the money of complainants for personal gains depriving them of interest accrued thereon. The complainants approached the OPs at Kotkapura and requested them to return their money received by them alongwith interest but OPs used humiliating words and refused to refund the money. Complainants also issued registered legal notice dt 5.02.2015 to OPs but they did not give any reply to the notice. The complainants had always been ready and willing to perform their part by making payment of money but Ops neither entered into an agreement nor any development work as mentioned in the brochure was ever started by the OPs. All this has caused great harassment and mental agony to complainants for which they have prayed for accepting the complaint and have also prayed for compensation of Rs 2,00,000/- besides Rs 20,000/- as litigation expenses alongwith refund of Rs 5,16,000/-.                                In support of their contentions, ld counsel for complainant made reliance on the citations 2014 (4) CLT 479 titled as Emaar MGF Land Pvt Ltd & Ors Vs Krishan Chander Chandna wherein Hon’ble National Consumer Disputes Redressal Commission, New Delhi observed that physical possession of fully developed plot not given to complainant by builder even after having received entire price of plot- held the appellants should have given firm date of handing over of the possession at the time of taking the booking amount itself. Unscrupulous builders like appellants, who after taking entire cost of the plot, do not perform their part of obligation, should not be spared. Punitive costs of Rs 5,00,000/- imposed.

8                                  Perusal of file shows that Kawaljit Singh predecessor in interest of complaint booked a plot with OPs and made payment to them which is clear from the copy of statement of  account Ex C-2 and receipt Ex C-8. Ops issued a certificate of allotment Ex C-6 in the favour of Kawaljit Singh. The OPs did not execute any agreement with complainant. As per version of the complainant, the OPs did nothing. There is nothing as told by Ops and no development work is done by the OPs at site as promised. Ops appeared in this Forum but did not file reply or evidence and are proceeded against exparte.

9                                       In these circumstances, we are of the considered opinion that OPs intentionally resiled from the contract and did not fulfilled their part of contract and cheated the complainants. This Forum is fully convinced with the arguments and evidence led by the complainant and case law produced by them. In these circumstances, we are of the considered opinion that act of OPs amounts to deficiency in service and unfair trade practice and therefore, complaint in hand is hereby allowed. Ops are ordered to refund the amount of Rs 5,16,000/- which was paid by Kawaljit Singh predecessor in interest of complaint to the OPs as booking amount alongwith interest at the rate of 9% per anum from the date of payment till realization of the amount. Complainant is also held entitled to Rs 10,000/- as compensation on account of harassment and mental agony and Rs 5,000/-as litigation expenses. Compliance of this order be made within one month from the date of receipt of the copy of the order, failing which complainant shall be entitled to initiate proceedings under section 25 and 27 of the Consumer Protection Act. Copy of order be supplied parties free of costs as per rules. File be consigned to record room.

 Announced in open Forum:

  Dated: 27.07.2015                            

Member                   Member                President                              (Parampal Kaur)              (P Singla)              (Ajit Aggarwal)