BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.112 of 2019

      Date of Instt. 09.04.2019

      Date of Decision: 03.12.2021

Ishwar Dass S/o Shri Kalu Ram C/o Rajeshwar Singh R/o EH 223, Nehru Garden, Jalandhar.

..........Complainant

Versus

1.       M/s Nature Farms and Real Estates Pvt. Ltd., Zonal Office:- SCO No.34, First Floor, Crystal Plaza Market, Garha Road, Chhoti Baradari Part-1, Jalandhar through its Managing Director/Directors/Manager/Principal Officer/Neeraj Thatai @ Neeraj Arora/Dolly Thatai @ Dolly Chhabra/Gaurav Chhabra/Menka Tuli/Vishal Sawhney.

2.       Vishal Sawhney S/o Sh. Harish Chander R/o 29-30, New Deol Nagar, Near Mata Rani Mandir, Opposite SS Shuttering Store, Nakodar Road, Jalandhar.

3.       M/s Nature Farms and Real Estates Pvt. Ltd. 9, Sundar Nagri, Hanumangarh Road, Abohar, Punjab Through its Managing Director/Directors/Manager/Principal Officer/Neeraj Thatai @ Neeraj Arora/Dolly Thatai @ Dolly Chhabra/Gaurav Chhabra/Menka Tuli/Vishal Sawhney.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)                                          Sh. Jaswant Singh Dhillon       (Member)

Present:        Sh. Atul Malhotra, Adv. Counsel for Complainant.                          Ops exparte.

Order

Dr. Harveen Bhardwaj (President)

1.                This complaint has been filed by the complainant wherein he has alleged that the OP No.2 approached complainant at Jalandhar and prevailed upon complainant to purchase one plot from OPs. That on the allurements, assurances and promises of OP, complainant agreed to purchase one plot measuring 2000 square feet situated at Village Bringali, Tehsil Mukerian, District Hoshiarpur for a sum of Rs.4,50,000/-. Complainant had agreed to make payment of amount of Rs.4,50,000/- in four equal installments of Rs.1,12,500/- each per year. Complainant required the said plot for construction of house for self and family. The OPs had promised that the possession of the said plot shall be delivered to complainant after four years i.e. on 20.09.2017. Complainant had made payment of three installments of Rs.1,12,500/- each for the years 2013, 2014 and 2015 to OPs No.1 & 2 at Jalandhar. That the complainant was and is always ready and willing to comply with the said agreement and was regularly making payments to OPs. But there after OPs neglected to receive fourth payment on 16.09.2016. That many times, complainant approached and represented to OPs at the above mentioned addresses but to no use. Thereafter complainant sent a legal notice dated 18.10.2016 to the OPs, but all in vain. The OPs have failed to hand over the possession of the said plot and further failed to receive the fourth installment and further failed to refund the amount of Rs.3,37,500/- to the complainant. That due to the above said facts, there is deficiency in service, negligence and unfair trade practice on the part of the OPs and as such, the present complaint filed with the prayer that the complaint of the complainant may kindly be accepted and OPs be directed to receive amount of fourth installment of Rs.1,12,500/- and deliver the possession of the said plot to the complainant and further OPs be directed to refund the amount of Rs.3,37,500/- to the complainant along with interest @ 18% per annum from 16.09.2013 till its realization and further OPs be directed to pay a compensation of Rs.,5,00,000/- to the complainant for causing mental tension and harassment and Rs.5500/- as litigation expenses.                  

2.                Notice of the complaint was given to the OPs, but despite service all the OPs failed to appear and ultimately all the OPs were proceeded against exparte.

3.                In order to prove his respective version, the counsel for the complainant produced on the file his respective evidence.

4.                We have heard the argument from learned counsel for the complainant and have also gone through the case file very minutely.

5.                The complainant has sought the refund of the amount of installments paid to the OPs alongwith interest and compensation as well as litigation expenses. He has proved on record the copy of the agreement Ex.C-1, wherein it is clarified and mentioned that the complainant shall give the money in installments and the possession will be handed over within four years, if the project is not completed within four years due to any reason or the purchaser is not satisfied with the project, he can rescind the agreement. Thus, it is proved that agreement was executed between the parties regarding the plot measuring 2000 sq. feet situated at Village Bringali, Tehsil Mukerian, District Hoshiarpur. As per Ex.C-3 the installment of Rs.1,12,500/- was paid on 16.09.2013. On 19.09.2014 the next installment of same amount was paid vide Ex.C-2 and the third installment of same amount was paid on 18.09.2015 vide Ex.C-4. Thereafter, as per the submission of the complainant, the OPs refused to take the installment nor they handed over the possession. Notice was also served upon the OPs vide Ex.C-5 and postal receipts Ex.C-6 and Ex.C-7. Despite the notice and the repeated request by the complainant neither the possession was given nor the refund of the money was paid.

6.                We fully agree with the exparte version of the complainant because the case of the complainant remained un-rebutted and un-challenged being reason, the OPs despite service did not bother to appear in the Commission. Thus, by proving the documents, the complainant has proved his case, which is un-rebutted.

7.                In the light of above detailed discussion, the complaint of the complainant is partly allowed and all the OPs are directed to refund the amount of Rs.3,37,500/- with interest @ 6% per annum from the date of depositing the last installment, till realization and further all the OPs are directed to pay compensation to the complainant for causing mental tension and harassment to the complainant, to the tune of Rs.30,000/- and litigation expenses of Rs.5000/-. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be sent to the parties, as permissible, under the rules. File be indexed and consigned to the record room after due compliance.

Dated          Jaswant Singh Dhillon    Jyotsna                Dr.Harveen Bhardwaj     

03.12.2021         Member                          Member           President