Chandigarh

DF-I

CC/7/2019

Parminder Kaur - Complainant(s)

Versus

M/s Emerging Valley Pvt. Ltd. - Opp.Party(s)

Mandeep Singh

22 Jun 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/7/2019
Date of Institution	:	02/01/2019
Date of Decision	:	22/06/2020

 

Parminder Kaur w/o Kulwinder Singh r/o #303, Jujar Nagar, Old Bishan Nagar, Patiala (Pb.)

… Complainant

V E R S U S

1.   M/s Emerging Valley Pvt. Ltd.

1^st Address : Corporate Office SCO 46-47, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh 160009 through its Authorised Signatory.

2^nd Address : Site Office Emerging Valley Pvt. Ltd., Landran-Banur Road, Mohali.

2.   Sh. Gurpreet Singh Sidhu, Managing Director, M/s Emerging Valley Pvt. Ltd., Corporate Office SCO 46-47, Sector 9-D, Near Matka Chowk, Madhya Marg, Chandigarh 160009.

… Opposite Parties

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh. Vipin Kumar, Counsel for complainant
	:	OPs ex-parte.

 

Per Rattan Singh Thakur, President

1.      The long and short of the allegations are, OP-1 happens to be a real estate company dealing in real estate and housing to general public.  On being contacted, in July 2014, the complainant intended to purchase one bed room apartment at Emerging Valley Pvt. Ltd., Landran-Bannur Road, Mohali. On 31.7.2014, the complainant booked one bed room ground floor flat (measuring plot area 456 sq. ft.) against consideration of Rs.10,90,000/-. Averred on various dates, as detailed in the body of the consumer complaint, and the table reproduced under paragraph No.7 total amount of Rs.10,00,000/- was deposited by the complainant with the OPs. It was agreed, possession of the flat was to be delivered within 24 months which was to be reckoned from the date of booking i.e. 31.7.2014.  However, in July 2016 possession of the flat was not ready; even the work was not started. On being contacted, matter was dilly dallied by the OPs on one pretext or the other. Thus, alleged OPs have no intention to deliver possession. Hence, the complainant filed the present consumer complaint for directing the OPs to refund the amount of Rs.10,00,000/- alongwith interest, compensation of Rs.1.00 lakh and Rs.25,000/- as litigation expenses.
2.     Initially, only OP-1 was impleaded as a party. Upon notice, Ms. Shubhpreet Kaur, Advocate had put in appearance on behalf of OP-1 and sought time to file reply and evidence, but, the same was not filed. Later on OP-1 allowed itself to be proceeded exparte vide order dated 17.7.2019. 
3.     On being impleaded, Sh. Sunit K. Chauhan, Advocate had put in appearance on behalf of OP-2 and sought time to file reply and evidence.  However, on the adjourned date, neither reply and evidence were filed nor anybody put in appearance on behalf of OP-2. Therefore, vide order dated 31.1.2020, OP-2 was also proceeded against ex-parte.
4.     Complainant led evidence by way of affidavit and documents.
5.     We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:-
6.     The averments made in the consumer complaint are supported by way of evidence in the form of affidavit furnished by the complainant.  Besides it, copies of the receipts (Annexure C-2 to C-9) shows on different dates, amount was deposited by the complainant with the OPs which comes out to Rs.10,00,000/-. In view of the evidence i.e. oral in the form of affidavit and the receipts, referred hereinbefore alongwith other connected documents, the allegations leveled by the complainant in the consumer complaint stand established.  
7.     OPs did not contest the consumer complaint and opted not to file their reply and evidence, despite opportunity. Thus, it means OPs had nothing to say qua the averments made in the consumer complaint.  The allegations contained in the consumer complaint, supported by way of affidavit and documents, remains unrebutted on record.  Thus, we find no reason to discard the allegations of the complainant.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund the total deposited amount i.e. Rs.10,00,000/- to the complainant alongwith interest @ 9% per annum from the respective dates of payment till realization.
2. to pay an amount of Rs.15,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay Rs.10,000/- to the complainant as costs of litigation.

9.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
22/06/2020	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
hg	Member	Member	President