Punjab

Fatehgarh Sahib

CC/13/2015

Charanjit kaur - Complainant(s)

Versus

M/S Nature height infra Ltd - Opp.Party(s)

Sh Kulwant Singh

27 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                             Consumer Complaint No.13 of 2015

                                                          Date of institution:  06.02.2015  

                                                                Date of decision   :  27.08.2015

1. Charanjit Kaur W/O Late Sh. Jodh Singh,
2. Gurmit Kaur W/O Late Sh. Kashmira Singh, both resident of village Shamaspur, Tehsil Amloh.

……..Complainants

Versus

 

1. M/S Nature Heights Infra Ltd. #9, Sunder Nagri, Hanumangarh Road, Abohar Punjab through its Director Amit Kumar.
2. M/S Nature Heights Infra Ltd. its branch at Joti Saroop Mor, Near ICICI Bank, Fatehgarh Sahib Road, Sirhind, Tehsil and District Fatehgarh Sahib through its branch Manager S.Gurmit Singh.
3. Gagandeep Singh son of Sukhwinder Singh r/o Shamaspur, Tehsil Amloh, District Fatehgarh Sahib agent of M/s Nature Heights Infra Ltd.

…..Opposite parties     

Complaint Under Sections  12 to 14 of the Consumer Protection Act

Quorum

Sh. Ajit Pal Singh Rajput, President                                        Smt. Veena Chahal, Member                                                   Sh. Amar Bhushan Aggarwal, Member     

Present :      Sh. K.S.Khera, Adv.Cl. for the complainant.                                             Opposite parties exparte

ORDER

By Sh. Ajit Pal Singh Rajput, President.

•                         Charanjit Kaur Wd/o Late Sh. Jodh Singh and Gurmit Kaur Wd/O Late Sh. Kashmira Singh, both resident of village Shamaspur, Tehsil Amloh, have filed this complaint against the Opposite parties (hereinafter referred to as “the OPs”) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.                Opposite party No.3, agent of OP No.1, persuaded the complainants to purchase showroom at Mandi Gobindgarh.  The complainants agreed to purchase Showroom measuring 10.3 X 32.4 & 1/2  Sq. feet. The showroom was to be constructed in Khewat/Khatoni No.90/180, Khasra No.16//15(8-0), 17//11/2/2(3-2), 16//06/2/2(3-2), 17//1/3(2-2), 2(3-8), 10/2 min(1-10), total measuring  19 Kanals 13 Marlas as per Jamabandi for the year 2008-2009, situated at village Mugal Majra, Tehsil Amloh, District Fatehgarh Sahib, Punjab. The showroom was to be allotted at Tower No.1^st Shop No.404A on Fourth Floor and the price of the showroom was settled at Rs.21,56,960/-. At the time of agreement on 25.08.2012, the complainants paid Rs.2,69,620/- in advance  and remaining amount was to be paid in seven instalments of Rs.2,69,620/- each. The showroom was to be completed in 24 months and the possession of the same was to be delivered after payment of all the instalments. The complainants paid five instalments i.e. total Rs.16,17,720/-. The complainants stopped the payment of instalments as there is no construction work at the spot and the project is not in progress. The complainants requested the OPs to deliver the possession of the showroom after starting construction but they did not start construction nor refund the money to the complainants.  The said act amounts to deficiency in service on the party of opposite parties. Hence, this complaint for giving directions to the opposite parties to refund Rs.16,17,720/-  along with interest @ 18% P.A. and to  pay Rs.50,000/- as compensation.

3.                Notice of the complaint was issued to the opposite parties, but opposite parties No. 2 and No.3 choose not to appear to contest this complaint. Hence they were proceeded against exparte. Opposite party No.1, who appeared through Sh.Rahul Shamra, Advocate who filed his memorandum of appearance, failed to file power of attorney and written version despite several opportunities. Hence, OP No.1 was also proceeded against exparte.

3.                In order to prove the case, the complainant tendered his affidavit Ex. C-1, attested copy of agreement of sale Ex. C-2,  attested copy of receipt No.175586 Ex. C-3, attested copy of receipt No.149919 Ex. C-4, attested copy of receipt No.133228 Ex. C-5, attested copy of receipt No.110881 Ex. C-6, attested copy of receipt No.89935 Ex. C-7 and closed the evidence.

5.                The ld. counsel for the complainants has submitted that as per the agreement of sale dated 25/08/2012 i.e Ex. C-2 the OPs were required to handover the possession after completion. The ld. counsel pleaded that the complainants regularly paid the installments as the same is evident from the copies of receipts i.e Ex-C3 to Ex.C-7. The ld. counsel stated that when the complainant visited the site it was then complainants came to know that no construction was being carried out by the OPs and the installments were being received. The ld. counsel argued that the OPs has violated the terms of the agreement i.e Ex. C-2 and has thus unnecessarily caused mental and physical harassment to the complainant. He further submitted that it has been well established that the OPs have committed deficiency of service and the complainants deserves to be compensated for the same.

6.                After hearing the Ld. Counsel for the complainants and going through the pleadings and evidence produced by him and oral as well as written submissions, we find force in the submissions made by the ld. counsel of the complainants. In our view it is well established from the Agreement of Sale dated 25.08.2012 the terms and conditions are reproduced “That on completion of 24 months and full payment of sale price vendor would give possession in favour of purchaser and execute the sale deed along with it.

That the possession of property will be made after completion of 24 Months and if not then company will continue to pay last rent received by purchaser i.e, of Rs.25000 per month till the possession is delivered to purchaser.”   It is also well established from the installment receipts i.e Ex.C-3 to Ex.C-7 that the complainant had till date paid 5 installments and in total Rs.16,17,720/- to  OP No. 1 & 2. As per the affidavit of complainant No.1 i.e Ex.C-1, it is also established that no rent and possession has been given to the complainant by the OPs, She has also stated that despite repeated requests the OPs had turned deaf towards her grievance.

7.                Accordingly, in view of our aforementioned discussion, we find that the OP No.1 and 2 have deliberately committed deficiency of service and caused mental as well as physical harassment to the complainants. Hence, we direct the OP No.1 & 2 to refund the amount of Rs.16,17,720/- as mentioned in installment receipts i.e Ex.C-3 to Ex.C-7 and also to pay the amount of Rent as stated in the Agreement to Sell i.e Ex.C-2 alongwith 18% interest PA till its realization. Complainants are also held entitled to the damages suffered by them on account of physical harassment and mental tension. The damages are assessed at Rs.10,000/- and litigation cost of Rs.5000/-. The OPs are directed to comply with the order of this Forum within a period of 45 days from the date of receipt of this order, in case the OPs fails to comply with this order the OPs shall also be held liable to pay 9 % interest on the costs awarded till its realization. The present complaint is allowed.                      

8.                The arguments on the complaint were heard on 25.08.2015 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated:27.08.2015

(A.P.S.Rajput)                         President

 

(Veena Chahal)                        Member

 

(A.B. Aggarwal)                      Member