DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT
Complaint No. : 20
Date of Institution : 24.01.2019
Date of Decision : 04.06.2019
Kavita Goyal aged about 47 years W/o Sh. Shivji Ram S/o Sh. Nauhar Chand R/o Sikhan Wala Road, Kotkapura , Tehsil Kotkapura District Faridkot Mobile No.98147-25759.
...Complainant
Versus
- M/s Nature Heights Infra Ltd, having its Registered Office at Street No.9 Sunder Nagri, Hanumangarh Road, Abohar, through its Managing Director Neeraj Arora, Now at South Avenue, Street No.12/13, Near D.A.V.college. Abohar.
- M/s Nature Height Infra Limited through its Authorized Signatory Sh. Mukesh Mangal S/o Sh. Ram Niwas Mangal R/o Mohalla Dibipura, Old City Kotkapura, Tehsil Kotkapura, Districrt Farikdot.
........ OPs
Complaint under Section 12 of the Consumer Protection Act, 1986.
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Quorum: Sh. Ajit Aggarwal, President,
Smt. Param Pal Kaur, Member
Present: Sh. Atul Gupta, Ld Counsel for Complainant
Ops Exparte.
(Ajit Aggarwal, President)
1. Brief facts of the complaint are that the opposite parties company M/s Nature Height Infra Limited had launched a project at Kotkapura- Faridkot National Highway, Sandhwan, Kotkapura under the name and style of Nature Valley Colony. Believing the representation made by the opposite parties and its officials at Faridkot that the project is an approved project from Development Authorities, the complainant purchased plot No.120 measuring 145.83 square yards and opposite party No.2, being the authorized signatory, duly got the sale deed executed and registered in favour of the complainant on receipt of entire sale consideration on 12.3.2015 vide Vasika No.3238, mutation of which has already been sanctioned in favour of the complainant. The complainant has averred that though it was written in the sale deed that the possession of the plot has been delivered, but infact the opposite parties had to develop the site and thereafter the possession was to be delivered. The opposite parties had agreed to install the sewerage, water pipes, construct the roads of cement, make the boundary wall and to do all the necessary activities at the spot, but the same has not been done by the opposite parties, rather, it has come to the notice of the complainant that the same plot has also been further agreed to be sold by OPs someone else. The complainant, after getting the sale deed executed and registered, requested so many times to develop the colony and handover the possession of the pot, but the opposite parties have not come forward to perform their part of the contract. Pleading deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has sought direction to the opposite parties for demarcating the plot and to handover the possession of the plot No.120 measuring 145.83 square yards situated in Nature Valley Colony, Sandhwan, District Faridkot to the complainant on the basis of sale deed dated 12.3.2015 bearing Vasika No.3238. Further the opposite parties be directed to pay Rs.1,00,000/- as compensation for harassment and Rs.25,000/- as litigation expenses to the complainant.
2. Opposite parties did not appear before this Forum despite service of notice. Therefore, the opposite parties were proceeded against ex-parte vide order dated 10.4.2019.
3. Learned counsel for the complainant tendered into evidence affidavit of the complainant as Ex.C-1, copy of sale deed Ex.C-2, copy of Jamabandi Ex.C-3, copy of site plan Ex.C-4 and closed evidence on behalf of the complainant.
4. We have heard the learned counsel for the complainant and have also gone through the file.
5. During the course of arguments, learned counsel for the complainant reiterated the version as contained in the complaint and supported by his affidavit Ex.C-1 and referred to the document i.e. sale deed dated 12.3.2015 Ex.C-2, Copy of Jamabandi Ex.C-3 and site plan of Nature Valley Ex.C-4.
6. The grievance of the complainant is that on being lured by the assurance given by the opposite parties that the colony to be developed by them under the name and style Nature Valley is an approved colony, the complainant had purchased Plot No.120 measuring 145.83 square yards against payment of entire sale consideration of Rs.4,37,500/-, but the opposite parties have failed to develop the site and deliver the possession of the plot to the complainant.
7. The complainant has placed on the file copy of Sale Deed dated 12.3.2015 as Ex.C-2, a perusal of which reveals that the opposite parties had agreed to develop the colony as per specifications of PUDA and the opposite parties have claimed the colony to be approved from PUDA. Ex.C-3 is copy of Jamabandi showing the ownership of complainant on the basis of sale deed. However, Sale Deed Ex.C-2 reveals that the total sale price of the plot in question i.e. Rs.4,37,500/- has been received by the opposite parties from the complainant. Ex.C-4 is site plan of proposed residential colony namely Nature Valley to be developed by the opposite parties at Village Sandhwa, Tehsil Kotkapura, District Faridkot. Sale Deed Ex.C-2 regarding the plot in question was executed by the opposite parties in favour of the complainant on 12.3.2015. It has been alleged by the complainant that though it was written in the sale deed that the possession of the plot has been delivered, whereas, the opposite parties have failed to develop the site as per specifications of PUDA and deliver the possession of the plot in question to the complainant. Version of the complainant is proved from documents Ex.C-2 to Ex.C-4, corroborated by his affidavit Ex.C-1. On the other hand, the opposite parties have chosen to abstain from the proceedings and have suffered ex-parte. Allegations of the complainant stand unrebutted and unchallenged, which also amounts to implied admission of the allegations levelled in the complaint. The opposite parties are held guilty of rendering deficient services to the complainant. The failure of the opposite parties to develop the site as per specifications of PUDA and deliver the possession of the plot in question to the complainant so far, constitutes a recurrent cause of action, being a continuous wrong on the part of the opposite parties and the complainant can always approach this Forum so long as the possession of the plot in not given to him. In this regard, reliance can be placed on the precedent laid by the Hon'ble National Consumer Disputes Redressal Commission, New Delhi in Satish Kumar Pandey & anr. Versus M/s Unitech Limited, 2015 (3) CLT 16. The plot in question is situated in Nature Valley Colony, Sandhwan, Kotkapura and office of opposite party No.2 is also situated at Kotkapura, District Faridkot. Therefore, this Forum has got the territorial jurisdiction to try and decide the present complaint. The opposite parties are liable to develop the site as per specification of PUDA and deliver the possession of the plot in question to the complainant. The complainant has to file the present complaint in order to seek redressal of his grievance and the opposite parties have been utilizing the hard earned money of the complainant since 12.3.2015. As such the opposite parties are also liable to pay interest on the amount paid by him for purchase of the plot in question besides payment of compensation for harassment and litigation expenses.
8. In view of what has been discussed above, this complaint is allowed and an ex-parte order is passed directing the opposite parties to develop the site/colony as per specifications of PUDA and deliver possession of the plot in question to the complainant after proper demarcation on the spot. The opposite parties are also directed to pay Rs.5000/- as compensation for harassment and Rs.3000/- as litigation expenses to the complainant. This order is directed to be complied with by the opposite parties within a period of thirty days from the date of receipt of a copy of this order. A copy of this order be supplied to the parties concerned free of costs. File be consigned to the record room.
Announced in Open Forum
Dated : 04.06.2019
(Param Pal Kaur) (Ajit Aggarwal)
Member President
