Punjab

Ludhiana

CC/16/103

Jasvir Kaur - Complainant(s)

Versus

M/s Nature Height Infra Ltd - Opp.Party(s)

S.S.Heer Adv.

22 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. 103 of 09.02.2016

Date of Decision            :   22.02.2017 

 

Jasvir Kaur Gill w/o Sh.Bhagwant Singh Gill, r/o village & P.O.Mangat, Tehsil Ludhiana (East), District Ludhiana.

….. Complainant

                                                         Versus

 

1.M/s Nature Heights Infra Limited, 9, Sunder Nagri, Abohar, (Punjab), through its Managing Director Sh.Neeraj Arora.

Alternative Address:-

Sh.Neeraj Arora, M/s Nature Heights Infra Limited, Doda Farm, Abohar, District Fazilka(Punjab).

2.M/s Nature Heights Infra Limited, White Enclave, Kohara Road, Sahnewal, District Ludhiana-141120.

…Opposite parties

             (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

 

SH.G.K.DHIR, PRESIDENT                                     

SH.PARAM JIT SINGH BEWLI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :          Sh.S.S.Heer, Advocate

For Ops                          :          Ex-parte.

 

PER G.K.DHIR, PRESIDENT

 

1.                Complainant, an agriculturalist was contacted by OP2 on being introduced by OP1. It was disclosed to the complainant that Op1 has a good and marketable title in respect of the land. OP2 offered 7920 Sq.feet of land for sale. Complainant believed that version and agreed to purchase the offered land. Rs.1,10,000/- were paid on 30.8.2012 in cash vide receipt No.93239. Rs.5 lac were paid on 22.10.2012 vide receipt No.105387 and another amount of Rs.5 lac more paid on 22.10.2012 itself vide receipt No.105382 by complainant to Op1 through OP2, being the branch office of OP1. Said amount was paid as booking amount. OP1 entered into three agreements for sale with the complainant on 1.11.2012. Rs.1,10,000/- was sale consideration of one agreement, whereas Rs.5 lac each was the sale consideration of two other agreements. As per the agreements, Ops agreed to pay Rs.16,500/- per month as rent(Theka) in respect of this immovable property. Complainant received rent upto June 2015 and thereafter, no amount on account of rent received by the complainant. Ops agreed to deliver the actual and physical possession of the property at the spot on registration of the sale deeds, but despite numerous requests by the complainant for execution of the sale deed, no response was received from Ops. Ops failed to honour the terms and conditions of the agreements, despite the fact that the complainant is ready and willing to perform his part of the agreements and has  arrangement for payment of balance sale consideration along with expenses for execution of sale deeds. As no response was received from Ops and as such, complainant served legal notice dated 11.01.2016 on Ops for requesting them to execute the sale deeds and pay the rent(Theka) amount or in the alternative to refund the amount of Rs.11,10,000/- with interest @18% per annum. By pleading deficiency in service on the part of Ops, prayer made for directing Ops to execute the sale deeds and to handover the possession of the land measuring 7920 sq.feet. Refund of Rs.11,10,000/- along with interest @18% per annum from the date of deposit till realization even sought. Execution of the sale deeds even sought. Compensation for mental harassment, pain and agony of Rs.1 lac more is claimed.

2.                Ops are ex-parte in this case.

3.                Complainant in ex-parte evidence tendered his affidavit Ex.CA along with documents Ex.C1 to Ex.C9 and thereafter, counsel for the complainant closed the evidence.

4.                Written arguments not submitted, but oral arguments by counsel for complainant alone addressed and those were heard. Records gone through carefully.

5.                Contents of affidavit Ex.CA of complainant along with receipts Ex.C1 to Ex.C3 establishes that amount of Rs.11,10,000/- in all has been paid by the complainant to Ops at Sahnewal because the seal of branch office of Ops at Sahnewal there on Ex.C2 and Ex.C3 each. Agreement for Sale-cum-Memorandum of Mutual Understanding-cum-Rent Plan Understanding Ex.C4; Full payment-cum-Sale agreements Ex.C5 and Ex.C6 are also produced on record along with copy of legal notice Ex.C7 and postal receipts Ex.C8 and Ex.C9 for establishing that after payment of Rs.11,10,000/- by the complainant to Ops, they executed the agreement in question by promising to deliver the actual and physical possession at the spot to the complainant after NOC is obtained, subject to clearance of the entire amount. Possession to be delivered after six years of agreements in question as per term of clause   no. 12 of Ex.C4, which is of date 1.11.2012. Rs.7500/- per acre/per month receivable as rent by the complainant from Ops is the term of each of agreements Ex.C5 and Ex.C6 executed on 1.11.2012. As payment was made at Ludhiana and as such, certainly cause of action accrued to the complainant at Ludhiana, even though property may have been situate in Madhya Pradesh in village Khedi Devnala, Tehsil Multai, District Betul. Complainant admits in the affidavit as well as in para no.5 of the complaint that rent/theka @Rs.16,500/- per month received until June 2015. When confronted with this assertion, then counsel for the complainant admitted during course      of arguments that in fact Rs.4,95,000/- on account of rent received by the complainant until June 2015 w.e.f.1.11.2012. The grievance of the complainant is that amount of Rs.11,10,000/- used by the Ops with malafide intention, despite the fact that the complainant is ready and willing to perform his part of the agreements by paying the balance sale price and bear expenses on getting sale deeds executed. The sale deeds are not executed despite issue of notice Ex.C7 through postal receipts Ex.C8 and Ex.C9. Even the rent/Theka after June 2015 has not been paid, despite the terms contained in Ex.C5 and Ex.C6 each. As the property in question was purchased from  Ops as developer by the complainant and as such, services of Ops were availed by the complainant as a consumer for consideration. Non compliance of the condition of paying rent/Theka after June 2015 certainly leans in favour of holding that Ops not providing the services as per the terms and conditions of the agreements in question. That is deficiency in service on the part of Ops. It is contended by counsel for complainant that Ops have been arrested by the police owing to commission of offence of cheating with others also through transactions which are identical to the one in question in this case. So keeping in view these circumstances and the fact that Ops not complying with the terms and conditions of the agreements, it will be fit and appropriate to direct Ops to refund the received amount of Rs.11,10,000/- with interest @8% per annum w.e.f.23.10.2012 i.e. date of last payment till recovery. However, when such directions issued, then complainant not entitled to claim relief of execution of sale deeds or of possession. As relief of refund with interest is ordered and as such, complainant liable to refund the received benefit amount of Rs.4,95,000/- from       Ops till date. Complainant suffered mental tension and harassment and as such, he is entitled for compensation of Rs.15,000/-, but to litigation expenses of Rs.5000/- more. Keeping in view the sufferings of the complainant in mind and loss suffered by him, it is fit and appropriate to order deduction of Rs.4,95,000/- from the due amount of Rs.11,10,000/- with interest as accrued till date.

6.                As a sequel of the above discussion, complaint allowed exparte in terms that complainant entitled to refund of amount of Rs.11,10,000/- (Rupees Eleven Lac Ten Thousand only) (the already paid amount) with interest @8% per annum w.e.f. 23.10.2012 till recovery. However, the amount of Rs.4,95,000/- (Rupees Four Lac Ninety Five Thousand only) liable to be deducted from the due amount as today. Liability of refunding the balance amount of OP1 and OP2 will be joint and several. Compensation for mental harassment of Rs.15,000/- (Rupees Fifteen Thousand only) and litigation costs of Rs.5,000/- (Rupees Five Thousand only) more allowed in favour of complainant and against OP1 and OP2, whose liability held joint and several. Payment of compensation and litigation expenses be made within 30 days from the date of receipt of copy of order.  Copies of order be supplied to parties free of costs as per rules.

7.                File be indexed and consigned to record room.

         

                   (Param Jit Singh Bewli)                                        (G.K. Dhir)

                                                Member                                                President

Announced in Open Forum                                                              Dated:22.02.2017

Gurpreet Sharma.