Chandigarh

DF-II

CC/91/2020

Mrs. Krishna Devi - Complainant(s)

Versus

M/s Emerging India Infra Limited - Opp.Party(s)

Adv.Raj Sumer Singh

09 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	91/2020
Date of Institution	:	04.02.2020
Date of Decision	:	09.12.2021

 

                                       

                                               

Krishna Devi w/o Rajender r/o H.No.183/B, Ward No.6, BanSudhar (148), Sirsa, Haryana -125055.

                                ...  Complainant

Versus

1. M/s Emerging India Infra Ltd., SCO 46-47,First Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh 160009.
2. Director/Managing Director/Authorized Representative of M/s Emerging India Infra Ltd., SCO 46-47, First Floor, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh 160009.

…. Opposite Parties.

 

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

 

Argued by:

None for the complainant

OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1. In brief, the case of the complainant as alleged by him is that OP-Company floated a scheme for allotment of housing plots marked as ‘Emerging India Infra and Developers Ltd. for its upcoming project of OP No.1, Near Landra Banur Road, District SAS Nagar. Being allured by the reputation and goodwill of the OPs, she registered for a plot measuring 6000 sq. ft. under the scheme on 15.11.2014 vide registration No.SP0013000192 and deposited Rs.3 lakhs against receipt of even date.  The registration cum-payment receipt bearing Sr.No.33028 with customer Id: 0022224 and the acceptance letter duly signed by the authorized signatory with company’s stamp was issued to the complainant.  Further the allotment /agreement letter was not issued despite her requests and rather she was asked to deposit more money. Further she was shocked to know that the OP did not have any required licenses to develop the unit including that of the requisite licenses from the Town and Country Planning Department of Punjab and, therefore, she requested the OPs to refund her money.  It has further been alleged that till date no refund after the maturity date has been made to her and the OPs are not in a position to give the possession of any plot in the near future.  It has further been alleged that total amount deposited by the complainant realizing after maturity is Rs.4,32,869/- which has not been refunded despite her repeated requests. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.    
2. Initially, the OPs put in appearance through their Counsel Sh.Manoj Vashisth, Advocate. Subsequently, none has appeared on their behalf and neither any Vakalatnama or reply and evidence has been filed and, therefore, the OPs were ordered to be proceeded against exparte vide order dated 10.09.2021.
3. We have gone through the documents on file to dispose of the complaint.
4. In exparte evidence, the complainant has placed on record her duly sworn affidavit reiterating the averments made in the complaint.  Annexure C-1 is the copy of the registration No.SP0013000192 dated 15.11.2014 having Sr.No.33028 and a customer Id: 002222 issued in the name of the complainant-Smt.Krishna Devi vide which she was registered for the plot in the project of the OPs. A perusal of the same further shows that the complainant had invested Rs.3 lakhs in one installment as single payment in SP-3 years plan of the OPs for purchase of plot of 6000 sq. ft and as per the receipt, the maturity date was 14.11.2017 and the estimated realizable value at the end of the terms was Rs.4,32,869/-. The complainant has specifically deposed in the affidavit that the OPs have failed to issue the allotment letter/agreement despite her repeated requests and even the plot(s) were marketed by them without obtaining any license(s)/approval(s) from the competent authorities/GMADA.
5. Keeping in view the facts and circumstances of the case, we are of the considered view that the complainant cannot be made to wait for an indefinite period and the OPs, who are not in a position to execute the agreement and deliver the possession of the unit in question, has no right to retain the hard earned money of the customers.  Moreover, the evidence led by the complainant has also gone un-rebutted and un-controverted as the OPs preferred not to contest the case.  Therefore, the deficiency in service as well as unfair trade practice on the part of the OPs is proved. 
6. For the reasons recorded above, the complaint is allowed qua the OPs. The OPs are directed as under: -

a]        To refund the estimated realizable value of Rs.4,32,869/- to the complainant along with interest @ 9% p.a.  from the date of its maturity i.e. 14.11.2017 till its realization.

 [b]      To pay a sum of Rs.25,000/- as compensation to the complainant on account of mental tension and physical harassment.

[c]       To pay an amount of Rs.11,000/- as litigation expenses.

7.  This order shall be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall also be liable to pay interest @ 9% p.a. on the compensation amount mentioned at Sr.No.(b) from the date of this order till its actual payment besides compliance of other directions.
8. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

sd/-                      sd/-

Announced		[RAJAN DEWAN]	(PRITI MALHOTRA)
09.12.2021		PRESIDENT	MEMBER