Chandigarh

DF-I

CC/177/2021

Veena Rani - Complainant(s)

Versus

M/s Gupta Builder and Promoters Pvt. Ltd. - Opp.Party(s)

Rohit Goswani

09 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

 

                    

Consumer Complaint No.	:	CC/177/2021
Date of Institution	:	18/03/2021
Date of Decision	:	09/06/2022

 

 

Veena Rani w/o Sh. Sanjeev Kumar r/o H.No.2040/1, Sector 37C, Chandigarh.

… Complainant

V E R S U S

M/s Gupta Builder and Promoters Pvt. Ltd., registered office SCO 196-197, Ground Floor, Sector 34A, Chandigarh through its Managing Director.

… Opposite Party

 

CORAM :	MRS. SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                

 

 

ARGUED BY	:	Sh. Rohit Goswami, Counsel for complainant
	:	OP ex-parte.

 

Per Surjeet Kaur, Presiding Member

1.      The facts in brief are, in the month of September-October 2018, OP advertised about its project situated at New Chandigarh. Being impressed by the same, complainant and her husband visited the sales office of the OP on 15.1.2019 and allured by their assurances, promises and representations, complainant applied for allotment of a 125 sq. yards residential plot. The complainant paid the amount of ₹2,81,000/- to the OP vide two cheques dated 3.2.2019. In May 2019, the OP again raised the demand of ₹6,87,750/- which was paid by the complainant vide two separate cheques. Thus, the complainant had made total payment of ₹9,68,750/- to the OP.  Averred, OP had assured that the plot would be delivered within two years, however, when the complainant visited the project site in December, 2020, she was shocked to see that there was no development. The executives of the OP further informed that they would start construction as soon as they receive approvals from the concerned authorities. In such circumstances, the complainant sought refund of the amount paid and OP issued cheque of ₹9,68,750/-, but, when the same was presented, it was returned by the bank with the remarks “insufficient funds”.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OP, complainant has filed the instant consumer complaint.
2.     Registered notice was sent to the OP which was presumed to have been served. Since none appeared on behalf of the OP, therefore, vide order dated 23.6.2021 of this Commission, it was proceeded against ex-parte.
3.     Complainant led evidence by way of affidavit and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case.
5.     The sole grouse of the complainant in the present case is that she deposited total amount of ₹9,68,750/- towards booking of the residential plot in question with the OP and Annexure C-1 (page 12 & 13) are acknowledgments/receipts qua the same. The intention of the complainant was to purchase a 125 sq. yards plot of the OP for residential purpose, but, the OP neither executed the buyer’s agreement nor it had obtained the requisite approvals/sanctions/permissions from the competent authorities. Accordingly, complainant requested the OP for refund of the deposited amount. In pursuance thereto, OP gave cheque dated 30.12.2020 (Annexure C-2) of ₹9,68,750/-  to the complainant, but, when the same was presented to the bank, it was returned with the remarks “insufficient funds” vide bank memo dated 8.2.2021 (Annexure C-3).
6.     It is worth noting that the OP did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP draws an adverse inference against it. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted. 
7.     As per established law, if the project proponent sells the project without obtaining necessary permissions or clear title of the acquired land, it would amount to adopting unfair trade practice. In this regard, reliance can be had on the judgment passed by Hon'ble National Commission in Atul Maheshwari & Ors. Vs. Yamuna Expressway Industrial Development Authority, II (2016) CPJ 623 (NC). Relevant portion of the same reads as under:-

“OP should not have announced the scheme, until or unless they got clear title of the acquired land.”

8.     Hence, we are of the considered opinion that the act of the OP in collecting money from the complainant, without having the requisite approvals/sanctions/permissions from the competent authorities and thereafter issuing fake/bogus cheque to the complainant in lieu of refund of the deposited amount and most importantly non appearing during the proceedings of the present case certainly proves deficiency in service and unfair trade practice on its part. The amount is lying deposited with the OP and it is enjoying benefits of the same. Hence, the present consumer complaint deserves to succeed and the complainant is entitled to refund of the deposited amount alongwith interest and compensation.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. to refund the total deposited amount of ₹9,68,750/- to the complainant alongwith interest @ 9% per annum from the respective date(s) of deposit till realization.
2. to pay an amount of ₹50,000/- to the complainant as compensation for causing mental agony and harassment to her;
3. to pay ₹20,000/- to the complainant as costs of litigation.

10.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it 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.
11.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
09/06/2022	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member