Chandigarh

DF-I

CC/105/2018

Antriksh Vigyan Sharma - Complainant(s)

Versus

M/s Emerging Vally Private Limited - Opp.Party(s)

Anil Kumar Sharma Adv.

23 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/105/2018
Date of Institution	:	22/02/2018
Date of Decision	:	23/01/2019

 

1.     Antriksh Vigyan Sharma S/o Sh. Hari Dutt Sharma, R/o G-20/6, DLF Phase-I, Gurgaon – 122001. Presently residing at Paramount Floraville, IRIS – 1005, Sector 137, Noida – 201305.

2.     Tanush Sharma S/o Sh. Sushil Sharma, R/o D-78, Sector 56, Noida. Presently residing at Paramount Floraville, IRIS – 1105, Sector 137, Noida – 201305.

…..Complainants

V E R S U S

 

1.     M/s Emerging Valley Pvt. Ltd., SCO 46-47, 1^st Floor, Sector 9-D, Madhya Marg, Chandigarh, through its Managing Director/ Authorized Representative.

2.     M/s Siswan Paradise (P) Ltd., SCO 46-47, 1^st Floor, Sector 9-D, Chandigarh, through its Managing Director.

3.     Sh. Gurpreet Singh Sidhu, Director, M/s Emerging Valley Pvt. Limited, SCO 46-47, 1^st Floor, Sector 9-D, Chandigarh.

4.     Sh. Sushil Kumar, Director, M/s Emerging Valley Pvt. Limited, SCO 46-47, 1^st Floor, Sector 9-D, Chandigarh.

……Opposite Parties

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K. SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Anil Sharma, Counsel for Complainants.
	:	Ms. Subhpreet Kaur, Vice Counsel for Sh. J.S. Rattu, Counsel for OPs No.1, 3 & 4.
	:	Opposite Party No.2 dropped.

 

PER Dr.S.K. Sardana, Member

 

1.         In brief, believing the statements and representations of the Opposite Parties about their proposed Project at Village Mirzapur, the Complainants purchased a Cottage Farm House (605 Sq. Yds.) on 04.04.2012 under Buy Back Scheme. As per the said Scheme, on payment of the entire cost of Cottage Farm House i.e. Rs.5,50,000/-, the Complainants were entitled for a buyback amount of Rs.6,75,000/- (i.e. an addition of Rs.1,25,000/- to the total sale consideration). The Complainants paid all the installments to Opposite Party No.2 and further an amount of Rs.25,000/- was also paid for registration of the aforesaid Plot. However, when the Opposite Party No.2 could not deliver the possession of the aforesaid plot and further execute a sale deed in favour of Complainants, Opposite Party No.2 in collusion with Opposite Party No.1 persuaded them to purchase a premium 2 BHK home in their upcoming project situated at Banoor Landran Highway and adjusted the amount paid by the Complainants towards the same vide letter dated 21.07.2015. Subsequently, when no allotment letter was issued, the Complainants vide communication dated 9.3.2017 apprised the Opposite Parties that there was no progress at the site and requested for refund of entire amount along with interest, but to no success. Hence the complainants have brought this Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Per endorsement made by the learned Counsel for the Complainants, on the title of the Consumer Complaint itself, the name of Opposite Party No.2 was ordered to be dropped from the array of Opposite Parties, vide order dated 02.07.2018.
4.         However, despite availing a number of opportunities for filing reply and evidence, the Opposite Parties No.1, 3 & 4 failed to do so and therefore vide order dated 06.12.2018 the defence of Opposite Parties No.1, 3 & 4 was ordered to be struck off.
5.         Parties were permitted to place their respective evidence on record in support of their contentions.
6.         We have gone through the record and heard the arguments addressed by the learned Counsel for the Parties.
7.         In the present case, the averments of the complaint have gone unrebutted as no defence has been put forth by the Opposite Parties No.1, 3 & 4 who despite availing five opportunities failed to furnish reply due to which their evidence was closed under the orders of this Forum on 06.12.2018. Thus, it is established beyond all reasonable doubt that the complaint of the Complainants is genuine. The harassment suffered by the Complainants are also writ large. The Opposite Parties No.1, 3 & 5 even did not bother to refund the amount paid by the Complainants despite their repeated endeavors. Thus, finding a definite deficiency in service on the part of the Opposite Parties No.1, 3 & 4, we have no other alternative, but to allow the present complaint against them.
8.         In the light of above discussion, this consumer complaint deserves to succeed. The same is accordingly partly allowed.  Opposite Parties No.1, 3 & 4 are, jointly and severally, directed as under :-

(i)     To refund the amount of Rs.6,50,000/- to the complainant with interest @ 9% per annum from the date of deposit(s), till realization.

(ii)    To refund the amount of Rs.25,000/- deposited on account of registration charges to the complainant with interest @ 9% per annum from the date of deposit, till realization.

(iii)   To pay Rs.50,000/- as compensation to the complainant for the unfair trade practice and harassment caused to her.

(iv)   To also pay a sum of Rs.10,000/- to the complainant as litigation expenses. 

9.         This order shall be complied with by Opposite Parties No.1, 3 & 4 within one month from the date of receipt of its certified copy, failing which, they shall be liable to pay interest @12% p.a. instead of 9% p.a. on the amounts mentioned at Sr.No.(i) & (ii) from the date of respective deposit(s) till realization and also to pay interest @9% p.a. on the compensation amounts mentioned at Sr.No.(iii) from the date of filing the complaint till its realization, besides paying litigation expenses mentioned at Sr. No.(iv) above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

 

	Sd/-	Sd/-	Sd/-
23/01/2019	[Dr.S.K. Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”