| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Consumer Complaint No. 134 of 20.4.2017 Decided on: 6.2.2020 Vikas Kumar aged about 33 years S/o Madan Lal, resident of H.No.185, Suniyar Basti Patran, Tehsil Samana, District Patiala. …………...Complainant Versus 1. M/s Nature Heights Infra Limited # 9, Sunder Nagri, Hanumangarh Road, Abhoar- 152116, Punjab through its MD. …………Opposite Party Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Smt.Inderjeet Kaur, Member Sh.B.S.Dhaliwal, Member ARGUED BY: Sh.Dhiraj Puri, Advocate, counsel for complainant. Opposite Party Ex-parte. ORDER B.S.DHALIWAL,MEMBER - Vikas Kumar (hereinafter referred to as the complainant) has filed this complaint U/S 12 of Consumer Protection Act,1986 (hereinafter referred to as the Act) against M/s Nature Heights Infra Ltd. (hereinafter referred to as Opposite Party).
- The brief facts of the complaint are that on the allurement of the representative of the OP, that the OP company is going to carve out a new residential colony at village Badinagali, Tehsil Mukerian District Hoshiarpur at cheaper rates and which will be duly approved from the Govt., and in case of advance booking of plots, the company has given the offer to sell the plot of 4000 sq. in Rs.5lacs only and the said plot can be booked by paying 25% of the basic price of the plot i.e. Rs.1,25,000/- and the remaining amount shall be payable in equal installments. Accordingly the complainant booked the plot of 4000 sq. yards and paid Rs.1,25,000/- to the agent of the OP vide receipt No.16903/670440 dated 26.9.2011. Thereafter, the complainant approached the OP number of times for issuance of offer letters alongwith registration letter & agreement to sell regarding the plot booked by him but no registration letter and agreement to sell issued but the agent of the OP disclosed the plot ID as 10015225. However, the friend of the complainant received the offer letter and agreement to sell from the OP regarding the same location under which the complainant booked the plot.
- As per the offer letter issued to Ramesh Kumar, the friend of the complainant, the OP was bound to provide plot number, its dimensions and directions after mapping in 11 months but the complainant and his friend dis not receive any letter from the OP.They approached the agent of the OP who told that the OP company has not yet get the approval from theGovt. And as and when the approval and other formalities were completed they will issue the plot number as well as other particulars of the plot. The complainant again requested for issuance of agreement to sell but the OP always put of the matter on one pretext of the other. Ultimately the complainant requested OP for the refund of the amount deposited by him but the OP neither provided the plot nor refunded the deposited amount. For this act and conduct of OP the complainant suffered lot of mental agony and harassment. It also shows deficiency in service and unfair trade practice on the part of the OP.
- By filing this complaint the complainant has prayed for giving direction to the OP to refund the amount of Rs.2,50,000/- alongwith interest @ 13% p.a; to pay Rs.50,000/- as compensation on account of unfair trade practice and also to pay Rs.11000/- as litigation expenses.
- On notice, the OP failed to come present despite service and was accordingly proceeded against ex-parte.
- In evidence, the ld. counsel for the complainant has tendered affidavit of the complainant, Ex.CA, copy of letter from the OP,Ex.C1, copies of payment receipts,Exs.C1 and C2, and closed the evidence.
- We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has submitted that on the allurement of the representative the OP, complainant booked a plot of 4000 Sq.yard and paid the amount of Rs.1,25,000/-on 26.9.2010 with the OP. It is also submitted by the ld. counsel for the complainant that the complainant has also deposited another amount of Rs.1,25,000/-on 18.1.2013 vide receipt,Ex.C2. The complainant approached the OP several times to give the possession of the property or to refund the amount deposited by him but the OP kept on lingering the issue on one pretext or the other and failed to fulfill its promise.
- From the perusal of copies of payment receipts,Exs.C2 and C3,it is evident that the complainant booked a plot with OP and paid Rs.2.50,000/-with it .The complainant had conveyed his intent for the refund of the amount he has paid to the OP but the OP has not responded to his request i.e. OP has not repaid even a single penny. Even the OP has not provided any sort of information, rather it has gone into hide.
- Contentions of the complainant have gone un-rebutted as the OP instead of contesting the case has preferred not to appear before this Forum. Thus, there is no reason to disbelieve the contentions of the complainant.
- The whole purpose of pleadings is to give fair notice to each party of which the opponent’s case is and to ascertain with precision the point(s) on which the parties agree and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made there are deemed to have been admitted. No amount of proof can substitute pleadings, which are the foundation of the claim of the parties. The Opposite party did not appear before this Forum despite service and presumption of service was raised and it was proceeded against ex-parte. Thus, the evidence adduced by the complainant remains un rebutted . In view of this, all the averments made in the complaint are deemed to have been admitted by the opposite party and an adverse inference is to be drawn against it.
- In catena of cases, where the complainants/allottes have sought the refund of the amount deposited by them, due to delay in handing over of the possession of the units by the Ops, the Hon’ble National Commission has directed the builders/developers to refund the amount deposited by the allottee/investors/complainant alongwith interest @ 12% per annum. It may be stated that 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 higher courts, in the present case also, the complainant is entitled to get interest @12% per annum from the respective dates of deposits till the date of actual payment. He is also entitled to get compensation on account of mental agony and physical harassment suffered by him alongwith litigation expenses.
- In view of the aforesaid discussion, we allow the complaint and direct the OP in the following manner:
- To refund Rs.2,50,000/- to the complainant alongwith interest @12% per annum from the date of deposit till its realization.
- To pay Rs.15,000/- as compensation for causing mental agony and physical harassment to the complainant.
- To pay Rs.5,000/- as litigation expenses.
- within a period of 45 days from the date of the receipt of the certified copies 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.
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ANNOUNCED DATED:5.2.2020 B.S.DHALIWAL INDERJEET KAUR MEMBER MEMBER | |
