Chandigarh

DF-I

CC/234/2019

Sh. Parmjit Singh - Complainant(s)

Versus

M/s Nature Farms And Real Estate Pvt. Ltd. - Opp.Party(s)

Sofia Paul Adv.

20 Nov 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

[1]

Consumer Complaint No.	:	CC/234/2019
Date of Institution	:	09/04/2019
Date of Decision	:	20/11/2019

Sh. Parmjit Singh s/o Sh. Ajit Singh r/o H.No.407, Dashmesh Nagar, Ropar (Pb.).

… Complainant

V E R S U S

1. M/s Nature Farms and Real Estate Pvt. Ltd., J-32, 1^st Floor, Najafgarh Road, Ramesh Nagar, New Delhi, through Managing Director/Director/Authorised Signatory/General Manager/ Manager.
2. Neeraj Thatai, Managing Director of M/s Nature Farms and Real Estate Pvt. Ltd. r/o Street No.9, Sunder Nagari, Hanumangarh Road, Abohar (Pb.).
3. M/s Nature Farms and Real Estate Pvt. Ltd. through Sh. Harvinder Singh (Branch Manager), Dainik Bhaskar Building, 2^nd Floor, Sector 25, Chandigarh.

… Opposite Parties

[2]

Consumer Complaint No.	:	CC/236/2019
Date of Institution	:	09/04/2019
Date of Decision	:	20/11/2019

Sh. Avtar Singh s/o Sh. Chhaja Singh r/o Village Durali VPO Manauli, Tehsil & Distt. Mohali (Pb.).

… Complainant

V E R S U S

1. M/s Nature Farms and Real Estate Pvt. Ltd., J-32, 1^st Floor, Najafgarh Road, Ramesh Nagar, New Delhi, through Managing Director/Director/Authorised Signatory/General Manager/ Manager.
2. Neeraj Thatai, Managing Director of M/s Nature Farms and Real Estate Pvt. Ltd. r/o Street No.9, Sunder Nagari, Hanumangarh Road, Abohar (Pb.).
3. M/s Nature Farms and Real Estate Pvt. Ltd. through Sh. Harvinder Singh (Branch Manager), Dainik Bhaskar Building, 2^nd Floor, Sector 25, Chandigarh.

… Opposite Parties

[3]

Consumer Complaint No.	:	CC/237/2019
Date of Institution	:	09/04/2019
Date of Decision	:	20/11/2019

Sh. Charanjit Singh s/o Sh. Hakam Singh r/o VPO, Pathreri Jattan, Tehsil Chamkaur Sahib, Distt. Ropar (Pb.).

… Complainant

V E R S U S

1. M/s Nature Farms and Real Estate Pvt. Ltd., J-32, 1^st Floor, Najafgarh Road, Ramesh Nagar, New Delhi, through Managing Director/Director/Authorised Signatory/General Manager/ Manager.
2. Neeraj Thatai, Managing Director of M/s Nature Farms and Real Estate Pvt. Ltd. r/o Street No.9, Sunder Nagari, Hanumangarh Road, Abohar (Pb.).
3. M/s Nature Farms and Real Estate Pvt. Ltd. through Sh. Harvinder Singh (Branch Manager), Dainik Bhaskar Building, 2^nd Floor, Sector 25, Chandigarh.

… Opposite Parties

[4]

Consumer Complaint No.	:	CC/238/2019
Date of Institution	:	09/04/2019
Date of Decision	:	20/11/2019

Sh. Charanjit Singh s/o Sh. Bhagat Singh r/o V.P.O. Sohana, Teh. & Distt. S.A.S. Nagar (Pb.).

… Complainant

V E R S U S

1. M/s Nature Farms and Real Estate Pvt. Ltd., J-32, 1^st Floor, Najafgarh Road, Ramesh Nagar, New Delhi, through Managing Director/Director/Authorised Signatory/General Manager/ Manager.
2. Neeraj Thatai, Managing Director of M/s Nature Farms and Real Estate Pvt. Ltd. r/o Street No.9, Sunder Nagari, Hanumangarh Road, Abohar (Pb.).
3. M/s Nature Farms and Real Estate Pvt. Ltd. through Sh. Harvinder Singh (Branch Manager), Dainik Bhaskar Building, 2^nd Floor, Sector 25, Chandigarh.

… Opposite Parties

[5]

Consumer Complaint No.	:	CC/239/2019
Date of Institution	:	09/04/2019
Date of Decision	:	20/11/2019

Sh. Parmjit Singh s/o Sh. Ajit Singh r/o H.No.407, Dashmesh Nagar, Ropar (Pb.).

… Complainant

V E R S U S

1. M/s Nature Farms and Real Estate Pvt. Ltd., J-32, 1^st Floor, Najafgarh Road, Ramesh Nagar, New Delhi, through Managing Director/Director/Authorised Signatory/General Manager/ Manager.
2. Neeraj Thatai, Managing Director of M/s Nature Farms and Real Estate Pvt. Ltd. r/o Street No.9, Sunder Nagari, Hanumangarh Road, Abohar (Pb.).
3. M/s Nature Farms and Real Estate Pvt. Ltd. through Sh. Harvinder Singh (Branch Manager), Dainik Bhaskar Building, 2^nd Floor, Sector 25, Chandigarh.

… Opposite Parties

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                    

ARGUED BY	:	Ms. Sofia Paul, Counsel for complainant
	:	OPs ex-parte.

Per Rattan Singh Thakur, President

1.         By this order we propose to dispose of the aforementioned consumer complaints in which common questions of law and facts are involved.
2.         The facts, for convenience, have been culled out from Consumer Complaint No.234 of 2019 titled as Sh. Parmjit Singh Vs. M/s Nature Farms and Real Estate Pvt. Ltd. & Ors.
3.         The long and short of the allegations are, on being allured by OPs, complainant had booked a plot measuring 6 marla in Village Darbaan Khaas, Tehsil & District Pathankot (Punjab) and on 26.9.2014 entered into an agreement to sell at Chandigarh and paid the total consideration of Rs.50,000/-.  However, the plot was not delivered in terms of the agreement.  Hence on 26.3.2019 the complainant sent notice to the OPs, but, it was returned back with the remarks OPs were not available on the said address.  The agreement was executed in Sector 25, Chandigarh i.e. OP-3. Hence, the present consumer complaint for directing the OPs to refund the deposited amount of Rs.50,000/- alongwith interest, compensation of Rs.10,000/-, misc. expenses of Rs.20,000/- and Rs.20,000/- as litigation expenses.
4.         Notice of the consumer complaint was issued to the OPs, however, the OPs were not served on the given address. Thereafter application was moved for substituted service which was supported with affidavit that the OPs were evading lawful process of this Forum.  Hence, the OPs were ordered to be served through publication by way of proclamation in the newspaper circulated in the locality of OPs and were served for 3.9.2019.  However, the OPs were not present on the said date despite substituted service and were accordingly proceeded ex-parte.
5.         Complainant led evidence by way of affidavit and documents.
6.         We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:-
7.         The total amount deposited by the complainants in each case for the purchase of the plot in the project of the OPs is as under :-           

S.No.	Consumer Complaint No.	Amount deposited	Date of deposit
(1)	(2)	(3)	(4)
	CC/234/2019	Rs.50,000/-	26.09.2014
	CC/236/2019	Rs.5,00,000/-	28.05.2014
	CC/237/2019	Rs.1,00,000/-	12.09.2014
	CC/238/2019	Rs.5,00,000/-	02.09.2014
	CC/239/2019	Rs.1,00,000/-	12.09.2014

 

 

 

 

 

 

 

 

 

 

 

 

8.         The allegations made in the consumer complaint are supported by way of affidavit of the complainant. The case of the complainant is the amount of Rs.50,000/- was paid by him to the OPs for the purchase of the plot in question.  However, neither the possession of the plot was delivered nor the amount was refunded. Even the complainant came to know the OPs had not got approved the map of the plot and had failed to obtain the permission and income tax clearance from the Govt. The agreement (Annexure C-1) which was allegedly executed at Chandigarh shows the amount of Rs.50,000/- was received by the OPs.   Annexure C-2 is the notice dated 26.3.2019 sent by the complainant to the OPs. The agreement was allegedly executed at Chandigarh and the averments were also made that the agreement was executed at Chandigarh and the amount was also paid at Chandigarh, therefore, the cause of action has arisen within the territorial jurisdiction of this Forum.
9.         The OPs did not contest the consumer complaint and allowed themselves to be proceeded ex-parte. This means they have nothing to say qua the process issued by this Forum. 
10.         In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund the deposited amount (as mentioned in column No.3 of the table above) alongwith interest @ 9% per annum from the date of deposit (as mentioned in column No.4 of the table above).
2. to pay an amount of Rs.15,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.10,000/- to the complainant as costs of litigation.

11.         This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
12.         Similar directions are passed in the other consumer complaints, mentioned above.
13.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
20/11/2019	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
hg	Member	Member	President