| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA CC No. 197 of 2-9-2020 Decided on :19-06-2023 Dr Amit Kaur W/o Dr Maninder Singh Sidhu S/o Advocate Gurjeet Singh Sidhu R/o H.No 61, Model Town, Phase 2, Bathinda. ........Complainant Versus M/s IREO Water Front Pvt. Ltd., Corporate Office, IREO Campus, Sector 59, Near Behrampur, Gurgaon 122 101 through its Chairman M/s IREO Water Front Pvt. Ltd. Arch View, Drive Ireo City Golf Course Extension Road, Gurgaon through its Vice Chairman cum Managing Director, Sh Lalit Goyal
.......Opposite parties
Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM:- Sh. Lalit Mohan Dogra, President Sh. Shivdev Singh, Member Present:- For the complainant : Sh. Ashok Gupta, Advocate. For the opposite parties : Ex-parte. ORDER Lalit Mohan Dogra, President The complainant Dr. Amit Kaur (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against M/s IREO Water Front Pvt. Ltd., and another (here-in-after referred to as opposite parties). Briefly stated, the facts of the complaint as pleaded by the complainant are that the complainant is a Doctor by profession and is a peaceful law abiding citizen and holding good reputation. Complainant through application dated 4-11-2011 applied for the allotment of plot of 175.63 sq yards situated at IREO WATER FRONT LUDHIANA which was under development at that time. Complainant was allotted a plot no G-00-G077 @ Rs 18250/- per sq yards. It is alleged that complainant paid an amount of Rs.2,83,000/- through receipt dated 8-11-2011. Another amount of Rs.3,13,875/- through receipt of dated 31-1-2012, Rs.2,98,250/- was paid through receipt dated 28-5-2012, Rs.5,96,750/- paid through receipt dated 23-10-2012, Rs.5,96,750/- through receipt dated 4-2-2013, Rs.4,33,654/- was paid through receipt dated 24-6-2013, Rs.3,18,218/- through receipt dated 20-11-2013, Rs.13,909/- vide receipt no 14030158 of dated 24-6-2013 and in this way complainant had paid an total amount of Rs.28,54,406/- to the opposite parties against allotment of the above said plot but colony was not developed as per agreement or promised and opposite parties retained the amount forcibly and illegally without providing the plot as per commitment. The physical possession of fully developed plot was never handed over to complainant since opposite parties failed to develop the colony as per agreement and opposite parties are using hefty amount of complainant without giving anything to her. It is further alleged that when complainant met officials of opposite parties in office at Ludhiana the opposite parties promised to refund the total amount with interest and compensation of Rs 7.50/- per sq ft of super area of the plot per month as opposite parties had failed to develop the colony as per agreement. Again opposite parties didn't refund the amount as promised rather gave another option of allotting the shop/office space no A-006A on ground floor having super area of 425.99 sq ft (or 129.84 sq mts) in Water Front City Central Commercial Market at Ludhiana through agreement dated 17-11-2014 and got Rs.1,72,000/- vide receipt no.15060013 of dated 15-5-2014 against shop cum office space no 006A and further promised that amount already deposited by the complainant of Rs.28,54,406/- in lieu of plot no G77 will be adjusted in value of shop no A-006A worth Rs.34,35,000/-. In this way after adjusting the amount of Rs.30,26,406/- already paid, the balance amount of Rs.4,08,594/- would be received as the construction of the City Central Market Progressed and as per schedule mentioned in Annexure-III which is a part of agreement. It is alleged that opposite parties further promised that physical possession of shop/office space no A-006A fully developed would be handed over shortly to complainant within a short span of time which according to opposite parties was going to be constructed rapidly. The complainant alleged that as per clause 10.5 of the agreement opposite parties were bound to provide the shop cum office space within time but opposite parties didn't provide the same and as per clause 10.5 of the agreement opposite parties were liable to make the refund of the total amount within 3 months with 7.5% simple interest which the opposite parties failed to comply. As per clause 12.3 of agreement dated 17-11-2014 opposite parties promised to handover the fully developed shop/office space within 42 months failing which opposite parties were liable to pay compensation of Rs 7.5/- per sq feet of super area per month but opposite parties failed to comply with the same. As per clause 12.3 and 12.4 of the agreement dated 17-11-2014 opposite parties promised to handover the fully developed shop/office space within 42 months failing which opposite parties are liable to pay compensation of Rs 7.5/- per sq feet of the super area per month but the opposite parties didn't comply their own agreement and there is violation and breach of contract on the part of opposite parties. It is also alleged that opposite parties failed to develop the City Central Commercial Market at Ludhiana as per tall claims and no further construction is going on since long and project is standstill. The complainant met the officials of opposite parties many times and requested to complete the City Central Commercial. Project and handover the allotted shop/office space to the complainant, but the opposite parties neither responded nor are listening and every time they used to make the lame excuse for refunding the amount with interest and compensation as per clause 12.4 of the agreement. The complainant is suffering monetary loss due to irresponsible behavior and adamant attitude of opposite parties and further more opposite parties are sitting and enjoying with the hard earned money without paying her anything. The complainant suffered mental tension as well as physical suffering due the callous and wrong attitude of the opposite parties for which she claims compensation to the tune of Rs.15 Lakhs besides refund of deposited amount i.e. Rs.30,26,406/- with 18% interest since the different dates of deposit till the payment. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to refund Rs,30,26,406/- with 18% interest from the different dates on which payments were made to the opposite parties till realization and Rs.15,00,000/- as compensation in addition to Rs. 1,00,000/- as cost besides any other additonal or alternative relief. Registered A.D. Notice of complaint was sent to the opposie parties, but none apppeared on their behalf. As such, exparte proceedings were taken against the opposite parties. In support of his complaint, the complainant has tendered into evidence his affidavit dated 1.9.2020 (Ex. C-11) and documents (Ex.C-1 to Ex.C-10 & Ex.C-12). The learned counsel for the complainant has argued that complainant had applied for allotment of plot measuring 175.63 sq yds situated at IREO Water Front Ludhiana and she was allotted plot No. G-00-G077 on payment of Rs. 18,250/- per sq. yd. The complainant deposited an amount of Rs. 2,83,000/- vide Ex. C-1 and thereafter deposited amounts vide Ex. C-1 to Ex. C-8 and total amount deposited by complainant was Rs. 28,54,406/-. The opposite parties promised to hand over fully developed colony and since the opposite parties failed to develop the colony as per agreement and when complainant approached the opposite parties, they promised to refund the amount with interest and further agreed to pay compensation of Rs. 7.50 per sq ft. of super area of the plot per month but even thereafter the opposite parties failed to refund the amount and again trapped the complainant and offered another option of alloting shop/office space A-006A on ground floor having super area of 425.99 Sq. Ft in Water Front City Centreal Commercial Market at Ludhiana through agreement dated 17-11-2014 and received Rs. 1,72,000/- more vide Ex. C-9 and promised to adjust the earlier deposited amount of Rs. 28,54,406/- in the commercial plot. The opposite parties further agreed that after adjusting the amount of Rs. 30,26,406/- already paid, the balance amount of Rs. 4,08,594/- would be received as the construction of the City Central Market progressed and further promised to hand over the possession of shop/office space No. A-006A within short span of time. As per Clause No. 10.5 of the agrement, the opposite parties were bound to provide shop/office space within time but the opposite parties failed to comply with the terms and even failed to refund the amount as per clause 10.5. Accordingly, complainant has prayed for refund of Rs. 30,26,406/- alongwith interest @18% p.a. and compensation of Rs.7.5 per Sq. ft of super area per month as per clause 12.3 of agreement dated 17-11-2014. We have heard learned counsel for the complainant and gone through the record. Admittedly, the opposite parties had received amount of Rs. 28,54,406/- from the compllainant vide receipts Ex. C-1 to Ex. C-8 and thereafter failed to develop the colony. Thereafter opposite parties entered into agreement, Ex. C-10 with the complainant in respect of shop i.e. commercial building, which is further eleborated in Ex. C-12 and complainant was given option to purchase commercial building in lieu of residential plot after adjustment of payment already received. However, a perusal of copy of agreements Ex. C-10 & Ex. C-12 show that commercial shop was not allotted to the complainant in lieu of residential plot in respect of which payment has been deposited by the complainant vide receipts Ex. C-2 to Ex. C-8. However, this Commission is of the view that opposite parties have received amount of Rs. 30,26,406/- from the complainant in total in respect of residential plot and shop/office space No. A006A. A perusal of file shows that opposite parties admittedly received amount of Rs. 30,26,406/- in total for residential plot and shop from the complainant and since evidence on record produced by complainant has remained unrebutted and unchallenged. As per version of the complainant, she was not provided with possession of fully developed shop/office space No. A006A as promised vide agreement, as such, this Commission is of the view that complainant is definitely entitled to receive refund of the amount deposited i.e. Rs. 30,26,406/- alongwith interest @9% p.a. from the date of filing of complaint till realization. Accordingly, complaint is partly allowed. The compliance of this order be made by the opposite parties jointly and severally within 45 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room. Announced : 19-06-2023 (Lalit Mohan Dogra) President (Shivdev Singh) Member
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