Haryana

Panchkula

CC/270/2014

ASHUTOSH BAHUGUNA. - Complainant(s)

Versus

M/S MOUNT KAILASH LAND BASE PVT .LTD. - Opp.Party(s)

SANJEEV PABBI.

24 Apr 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.

                                                                  

Consumer Complaint No	:	270 of 2014
Date of Institution	:	24.12.2014
Date of Decision	:	24.04.2015

                                                                                          

1.       Ashutosh Bahuguna s/o Sh.J.P.Bahuguna, R/o House No.2186/3, Sector 45-C, Chandigarh.

2.       Mrs, Aruna Bahuguna w/o Sh.Ashutosh Bahuguna, R/o House No.2186/3, Sector 45-C, Chandigarh.

                                                                                          ….Complainants

Versus

 

Mount Kailash Land Base Pvt. Ltd., House No.654, Sector-21, District Panchkula (Haryana) through its Director Mr.Amit Dua.

2^nd Address:

M/s Mount Kailash Land Base Pvt. Ltd., SCO No.18, 19, Silvercity Extn. Zirakpur, Distt. Mohali through its Director.                                                            

                                                                                      ….Opposite Party

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Quorum:               Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

                             Mr.Anil Sharma, Member.

For the Parties:     Mr.Rajesh Kaul, Adv., for the complainant. 

                             Op already ex-parte.

 

ORDER

(Dharam Pal, President)

 

1. The complaint has been filed by the complainants with the averments that they booked a flat No.24-C, Block A in Mount Kailash Apartments located at Khata No.18/69-1, Khasra No.41/12/2(1-18) 19(3-12), 22(4-0), 47/2 (3-7), 9(0-5), Vishranit City, Zirakpur for an amount of Rs.22,25,000/- and the complainants paid a sum of Rs.10,50,000/- (Annexure C-2 to C-5) in advance as booking amount to the Ops. The Ops also assured the complainants that the possession of the plot would be provided within a year from the date of payment of Rs.10,50,000/-. Agreement to sell dated 25.02.2012 (Annexure C-1) was executed between the parties. The complainants visited the site and found that they have been deprived of their hard earned money as there was no development at the site in question. The complainants requested the Ops to provide certain information regarding fard, non-encumbrance certificate, registration certificate & CLU and there was no environment clearance from the authorities. The complainants came to know through newspapers that the Society was also indulged in developing a Housing Colony on a disputed chunk of land in Singpura village and also sold plots and flats to over 250 peoples. The building plans of those flats were never approved by the Competent Authorities and there was no possibility of getting the sale deed registered. The complainants informed the Ops vide letter dated 13.06.2014 that more than two years have been elapsed and the flat allotted to the complainants was not ready for possession but no intimation has been received. The complainants requested the Ops to supply the documents i.e. fard, non-encumbrance certificate, registration certificate from GAMADA and CLU but the Ops did not respond to the request of the complainants. Thereafter, the complainants issued legal notice dated 15.10.2014 for termination of the agreement dated 25.02.2012 and to refund the amount of Rs.10,50,000/- with interest and damages. As per regulations of promotion of constructions, sale, transfer of apartments, plots and properties under the Punjab Apartment and Property Regulations Act, 1995, a promoter is under an obligation to give true and correct disclosures of the details before the sale. The complainants visited the site on 31.08.2014 & 07.09.2014 and tried to contact for refund of their amount but to no avail. This act of the OP amounts to deficiency in service on their part. Hence, this complaint.
2. The counsel for the Ops-Rajneesh Kumar Shelly appeared on 05.02.2015. On 19.02.2015, none has appeared on behalf of the Ops and in the interest of justice, the case was adjourned to 05.03.2015 for filing written statement alongwith entire evidence. On 05.03.2015, again there was no appearance on behalf of the OPs and no written statement has been filed. However, the Ops were proceeded against ex-parte vide order dated 05.03.2015.
3. The counsel for the complainant has tendered into evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 to C-9 and closed the evidence.
4. We have heard the learned counsel for the complainant and have also perused the record carefully and minutely.
5. It is evident that the complainants booked a flat No.24-C, Block A in Mount Kailash Apartments located at Khata No.18/69-1, Khasra No.41/12/2(1-18) 19(3-12), 22(4-0), 47/2 (3-7), 9(0-5), Vishranit City, Zirakpur for an amount of Rs.22,25,000/- and paid a sum of Rs.10,50,000/- (Annexure C-2 to C-5) in advance as booking amount. The learned counsel for the complainant has submitted that the Ops assured the complainants that the possession of the plot would be provided within a year from the date of payment of Rs.10,50,000/-. Agreement to sell dated 25.02.2012 (Annexure C-1) was executed between the parties. The complainants visited the site and found that there was no development. The building plans of flats were never approved by the Competent Authorities. He further submitted that the complainants requested the Ops to supply the documents i.e. fard, non-encumbrance certificate, registration certificate from GAMADA and CLU but the Ops did not respond to the request of the complainants nor deliver the possession of the flat in question. Thereafter, the complainants issued legal notice dated 15.10.2014 (Annexure C-7) for termination of the agreement dated 25.02.2012 and to refund the amount of Rs.10,50,000/- with interest and damages. The complainants visited the site on 31.08.2014 & 07.09.2014 and tried to contact the OP for refund of their amount but to no avail. The complainants have also filed duly sworn affidavit (Annexure C-A).
6. In view of the fact that the Ops neither responded to the legal notice nor have they opted to controvert the precise congnizable averments made by the complainant having a very relevant bearing upon the adjudication of the grievance, the only distilled view is that the complainant has been able to prove the genuineness of the grievance that the Ops had committed deficiency in service, the manner whereof has been detailed in the complaint has also the affidavit in support thereof.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Ops are jointly and severally directed as under:-

(i)      To refund the amount of Rs.10,50,000/- alongwith interest @ 9% per annum from the date of receipt till realization.

(ii)     To pay an amount of Rs.50,000/- as compensation for mental agony, harassment.

(iii)    To pay an amount of Rs.10,000/- as cost of litigation.

Let the order be complied with within the period of 30 days from the receipt of certified copy of this order. A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

 

Announced

24.04.2015     ANIL SHARMA    ANITA KAPOOR      DHARAM PAL

                       MEMBER                       MEMBER                 PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

 

                                 

                                                         DHARAM PAL

                                                          PRESIDENT