DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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S. Savneet Singh Kochhar, through General Power of Attorney Holder i.e. father of the Complainant - S. Balbir Singh Kochhar, resident of #No.132, Phase-XI, District SAS Nagar, Mohali (Punjab).

                                                                   ---Complainant

Vs

M/s J.S. Dwellers Pvt. Ltd., having its Administrative Office at SCO No. 210-211, 2^nd Floor, Sector 34-A, Chandigarh, through its Director Sudeep Singh Sabharwal.

2^nd Address:-    1385 (Top Floor), Sector 34-C, Chandigarh.

---- Opposite Party

BEFORE:          MRS.MADHU MUTNEJA                PRESIDING MEMBER

                    SH.JASWINDER SINGH SIDHU                    MEMBER

Argued By:       Sh. Deepak Aggarwal, Advocate for the Complainant.

Opposite Party ex-parte.

PER MADHU MUTNEJA, PRESIDING MEMBER

1.                 The instant complaint is with regard to alleged deficiency in service by the Opposite Party for not providing an apartment to the Complainant as per the agreed terms & conditions.

                    The Complainant had booked an apartment with the Opposite Party under the Scheme “Cresent Apartment” floated by the Opposite Party at Khewat/ Khatouni No. 61/70 bearing Khasra No. 652/ 475 situated in Village Saner, Hadbast No. 161, P.O. Manpura, Prg. Tehsil Nalagarh, District Solan. The Complainant had paid a sum of Rs.1,25,000/- on 10.5.2006 to the Opposite Party at the time of booking (Annexure C-4), against a total agreed price of Rs.13,55,000/-. 

                    The Complainant states that the Apartment Buyers Agreement was executed between the parties at Chandigarh (Annexure C-5). The Project, as per the agreement, was to be completed within 02 years. The Complainant has alleged that even after the stipulated time the Opposite Party failed to construct the apartment also the covered area has been reduced to 30 to 35%, which was 50% earlier.

                    As the Complainant does not expect to get the promised property from the Opposite Party, he has filed the instant case with a prayer that the Opposite Party be directed to refund the total amount deposited along with interest, compensation for deficiency in service, unfair trade practice & harassment and cost of litigation.

 2.                After admission of the complaint, notices were sent to the Opposite Party a number of times.  Eventually, as per the report of the Process Server, the Opposite Party had refused to accept the summons, so the Opposite Party was proceeded against exparte on 27.02.2012. 

3.                 Complainant led evidence in support of his contentions.

4.                 We have heard the learned counsel for the Complainant and have perused the record. 

5.                 As per the averments made in the complaint, the Complainant is definitely harassed by the Opposite Party, as the apartment booked by him with the Opposite Party has not been constructed and the Opposite Party has not shown him anything in the future, which is to his benefit. The premises of the Opposite Party had been found locked and hence, the Complainant had no other remedy, but to file the instant complaint.

6.                 It is pertinent to mention here that the Hon’ble Supreme Court of India in catena of cases has held that where the allottee are not being provided the booked flat/apartment by the Builders/ Developers, hence the cause of action being continuing, the amount should be refunded to the allottees, along with interest and compensation. (special mention LATA CONSTRUCTION & ORS. Vs. DR.  RAMESHCHANDRA RAMNIKLAL SHAH AND ANR. (2000) I SCC 586).

7.                 As Opposite Party has failed to contest the claim of the Complainant, all the averments of the Complainant go unrebutted.

8.                 Hence, the complaint is allowed and the Opposite Party is directed to:-

[a]      Refund the amount of Rs.1,25,000/- paid by the Complainant along with interest @9% per annum from the date of deposit, till it is actually paid.

[b]      Pay Rs.7,000/- towards costs of litigation.

9.                 The above said order shall be complied within 30 days of its receipt; thereafter, Opposite Party shall be liable for an interest @12% per annum on the awarded amount in [a] above, till it is paid, along with litigation expenses.  

10.               Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

28^th March, 2012.                                                

Sd/-

(MADHU MUTNEJA)

PRESIDING MEMBER

Sd/-

 (JASWINDER SINGH SIDHU)