BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 254 of 2010 | Date of Institution | : | 20.04.2010 | Date of Decision | : | 26.04.2011 |
V.K.Chaturvedi son of Late Sh.K.C.Chaturvedi, r/o H.No.2137-A, Sector 66, Mohali. ….…Complainant V E R S U S M/s J.S.Dwellers Pvt. Limited having its Administrative Office at SCO No.210-211, 2nd Floor, Sector 34-A, Chandigarh through its Director Sudeep Singh Sabharwal. ..…Opposite Parties CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by:Sh. Deepak Aggarwal, Adv. for complainant. OP exparte. PER P.D.GOEL, PRESIDENT The complainant namely Sh.V.K.Chaturvedi has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. In short, the facts of the case are that OP floated a scheme under the name of “Cresent Apartment” at Baddi (HP). There was a proposal to develop apartments on the total land comprised in Khasra No.652/475, Khatuani No.61/70 situated in Village Saner, Hadbast No.161, P.O.Manpura, Prg. Tehsil Nalagarh, District Solan. It is the case of the complainant that OP allured him through attractive advertisements in leading newspapers for the purchase of the plots by giving a rosy picture and declaring the flats as “the height of luxury and comfort”. The flats were declared to be duly approved by the Himachal Govt. vide licence No.145/2006. Attracted by the said advertisement, the complainant along with his family visited the site and decided to deposit Rs.25000/- with OP vide receipt No.554 dated 13.01.2006(Annexure C-3). The total price of the apartment booked by the complainant consisting of three bed rooms drawing/dining, kitchen and toilets, ground floor was fixed at Rs.14.35 lacs which includes the sanitary and electrical fittings etc. The complainant also depsotied Rs.3 lacs in cash but OP did not issue any receipt. The manner in which the amount of Rs.3 lacs was arranged had been given in para No.5 of the complaint. It is averred that a sum of Rs.1,25,000/- was deposited with OP vide receipt No.1412 dated 10.05.06 (Annexure C-6). It is further the case of the complainant that apartment buyer agreement dated 18.05.2006 (Annexure C-7) was executed at Chandigarh between the parties. As per the clause No.14 of the said agreement, the builder shall complete the project within 2 years from the start of construction approval. That as per clause No.8, the seller shall intimate the buyer with regard to the completion of the apartment by way of written communication for obtaining the physical possession of the flat. Vide letter Annexure C-8, the complainant was informed by OP that certain modifications have been made by HIMUDA (Himachal Urban Development Authority) in the existing project and as such the covered area has been reduced to 30% to 35% and consequently the fresh map papers were submitted to the competent authority at Shimla and, therefore, the said project would start in the next month, hence the delay is regretted. It is the grouse of the complainant that after gap of two years time stipulated in the said agreement, nothing happened to complete the construction of the flat despite the fact that he was ready and willing to perform his part of the contract. In the middle of year 2009, the complainant visited the site and found the office of the OP locked. In the month of March, 2010, it came to the knowledge of the complainant that OP has been arrested by the Chandigarh police in cheating case. According to the complainant, he made repeated requests to refund the deposited amount but all in vain, hence this complaint. 2. OP was refused to accept the notice, hence it was proceeded against exparte vide order dated 22.03.2011. 3. The complainant led evidence in support of his contentions. 4. We have heard the learned counsel for the complainant and have also perused the record. 5. It is upon the complainant to prove that he had deposited the amount of Rs.4.25 lacs with OP. The perusal of the evidence produced on record reveals that the complainant has paid Rs.25000/- qua receipt No.554 dated 13.01.2006 (Annexure C-3) and Rs.1,25,000/- vide receipt No.1412 dated 10.05.2006 (Annexure C-6) respectively. 6. Admittedly there is no receipt with regard to the payment of Rs.2.75 lacs. It has been averred that the complainant arranged a sum of Rs.1.05 lacs against MIS and Rs.65000/- against KVP and Rs.85000/- through friends and relatives and inthis manner, the sum of Rs.3 lacs were arranged and paid to the OP. Since there is no documentary evidence with regard to the payment of Rs.3 lacs in the form of receipts etc. issued by OP, therefore, it is not sufficient to prove that the complainant has paid the amount of Rs.3 lacs to the OP. It will not be out of place to mention here that the averments contained in para No.5 with regard to arrangement of Rs.3 lacs are not sufficient to prove the payment of the amount to OP. 7. Admittedly, the OP despite service did not care to contest the case and as such it can be concluded without any hesitation that either the OP admits the claim of the complainant or has nothing to say in the matter. Moreover, the evidence led by the complainant has also gone un-rebutted and un-controverted. Non-refund of Rs.1,50,000/- despite the repeated requests of the complainant, amounts to deficiency in service on the part of OP. Hence, the complainant is held entitled to refund of Rs.1,50,000/-. 8. As a result of the above discussion, this complaint is partly accepted and OP is directed to refund Rs.1,50,000/- to the complainant along with interest @ 12% p.a. from the respective dates of deposits till its realization along with Rs.10,000/- as compensation for mental agony and harassment and Rs.5,000/- as costs of litigation within one month from the date of receipt of the certified copy. 9. The certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 26.04.2011 | [ Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
