DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 86 of 14.3.2017
Decided on: 14.3.2018
Dhanna Singh , aged about 64 years, son of Sh.Govind Singh, resident of House No.900, street No.8, Guru Nanak, Nagar, Patiala.
…………...Complainant
Versus
1. M/s Nature Heights Infra Limited 9, Sunder Nagri, Hanumangarh road, Abohar, District Fazila (Punjab) through its Director.
2. M/s Nature Heights Infra Limited, Branch Office at Sirhind, District Fatehgarh Sahib, through its Branch Manager.
3. M/s Nature Heights Infra Limited, Branch Office, S.C.F. No.18, Dukhniwaran Sahib Road, Opposite Modren Senior Secondary School, Patiala.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Rahul Kamboj,Advocate, counsel for complainant.
Opposite parties No.1to 3 ex-parte.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh. Dhanna Singh, complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.)
2. In brief, the case of the complainant is that the OPs are running the business under the name and style of M/s Nature Heights Infra Limited and are providing the residential plot/flat at village Bringali, Tehsil Mukerian, District Hoshiarpur. Accordingly, the complainant booked a flat/plot with the OP. An agreement for sale of residential flat measuring 2000 sq.ft, for a total sale consideration of Rs.4,50,000/- was executed between the complainant and the OPs on 27.8.2012. As per the agreement, the complainant was to pay the installment of Rs.1,12,500/-yearly, within the period of four years. It is stated that as per payment schedule, the complainant paid four installments of Rs.1,12,500/-each on 17.8.2012, 29.8.2013, 16.8.2014 and 16.9.2015, vide receipts No.89432, 170900, 224425 and 260104 respectively. It is agreed between the parties that the possession of flat would be given by the OPs within the stipulated period but till date the OPs have not handed over the possession of flat to the complainant. Even the OPs have failed to establish/develop the residential township. The act and conduct of the OPs amounted to deficiency in service on their part, which caused mental agony and physical harassment to the complainant. Hence this complaint with the prayer for giving directions to the OPs to return the amount of Rs.4,50,000/- deposited by the complainant alongwith interest @18% per annum from the date of execution of agreement; to pay Rs.30,000/- as compensation for causing mental agony and physical harassment to the complainant alongwith Rs.10,000/-as litigation expenses.
3. On being put to notice, the OPs despite service failed to contest the case and were accordingly proceeded against exparte.
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence, Ex.CA, affidavit of the complainant alongwith documents Exs.C1 to C7 and closed the evidence of the complainant.
5. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. Ex.C1 is the copy of agreement for sale, executed on 27th August, 2012 between the parties. As per the said agreement, the total price of the intended property to be sold was fixed at Rs.4,50,000/-, which was to be paid in easy installments of Rs.1,12,500/- yearly, within four years. It is mentioned in the said agreement that on completion of sale price, the vendor would execute sale deed in favour of purchaser after passing of three months period to enable the Company to scrutinize the entire account. By that time the vendor would obtain all kinds of NOC, Permission and Income Tax clearance. It is also mentioned in the agreement that the actual and physical possession would be delivered at the spot only on registration of Sale deed.
7. The complainant has contended that he paid four installments of Rs.1,12,500/- each to the Ops, vide receipts Exs.C2 to C5 but till date, no sale deed has been executed in his favour by the Ops. As such they have violated the terms and conditions of the agreements, and he is entitled to get the refund of the amount of Rs.4,50,000/- deposited by him with the Ops, alongwith interest. This contention of the complainant, which is duly supported by his affidavit, has gone un-rebutted, as the O.Ps instead of contesting the case have preferred not to appear before this Forum. As such we have no reason to disbelieve the aforesaid contention of the complainant. From the copies of the receipts Exs.C2 to C5, issued by the Ops, it is evident that the complainant made the installment of Rs.1,12,500/-each on 17.8.2012, 29.8.2013, 16.8.2014 and 16.9.2015, thereby having paid a total sum of Rs.4,50,000/-. Since the Ops have failed to abide by the terms and conditions of the contract entered with the complainant, therefore, they are liable to refund the amount deposited by the complainant alongwith interest. In the case of Ms. Sneh Sood Vs. M/s Bajwa Developers Ltd., our own Hon’ble State Commission, vide its order dated 23.2.2017, has held that “ if the promoter/builder fails to give possession in accordance with the terms of the agreement of a plot or an apartment then it is liable to refund the amounts already received in respect of the plot or apartment with simple interest @ 12% per annum, as per Section 12 of Punjab Apartment and Property Regulations Rules,1995, read with rule 17 of Rules framed there under”. In view of the law laid down by the Hon’ble Higher courts, the complainant is entitled to get interest @12% per annum, on the amount lying deposited with the OPs, from the respective dates of deposits till the date of actual payment. The complainant is also entitled to get compensation on account of mental agony and physical harassment suffered by him along with litigation expenses.
7. In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner:
- To refund the amount of Rs.4,50,000/- to the complainant along with interest @12% per annum from the respective dates of deposits till actual payment;
- To pay Rs.10,000/- as compensation for causing mental agony and physical harassment to the complainant;
- To pay Rs.5,000/- as litigation expenses.
The Ops are further directed to comply the aforesaid order within a period of 45 days from the date of the receipt of certified copy of this order. Certified copies of this order be sent to the parties free of cost under the rules. Thereafter file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:14.3.2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
