Punjab

Rupnagar

CC/18/116

Kewal Singh - Complainant(s)

Versus

M/S Nature Heights Infra Limited through chief Managing Director Neeraj Arora - Opp.Party(s)

Amandeep Singh

24 Apr 2019

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                 Consumer Complaint No.  116 of 27.11.2018

                                 Date of decision                    :    24.04.2019

 

Kewal Singh, aged about 64 years, son of Mansa Singh, resident of Village Nakkian, PO Kotla Power House, Tehsil Anandpur Sahib, District Rupnagar  

                                                                 ......Complainant

                                             Versus

1. M/s Nature Heights Infra Limited, Head Office, 9, Sunder Nagri, Opposite Children Park, Hanumangarh Road, Abohar, District Fazilka (Pb.) through Chief Manager Director Neeraj Thatai alias Neeraj Arora. 
2. M/s Nature Heights Infra Limited, Head Office, 9, Sunder Nagri, Opposite Children Park, Hanumangarh Road, Abohar, District Fazilka (Pb.) through  Director Amit Kukkar
3. Jasvir Singh Branch Manager, M/s Nature Heights Infra Limited, Nuhon Colony, Village & PO Ghanauli, Tehsil & District Rupnagar.

   ....Opposite Parties

                                   Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

QUORUM

 

                        SH. KARNAIL SINGH AHHI, PRESIDENT

                        CAPT. YUVINDER SINGH MATTA, MEMBER

ARGUED BY

 

Sh. Amandeep Saini, Adv. counsel for complainant  

O.Ps. exparte 

                                           ORDER

              SH. KARNAIL SINGH AHHI, PRESIDENT

1.         Complainant has filed the present complaint seeking directions to the opposite parties to refund the amount of Rs.5,00,000/- along with interest @ 18% per annum; to pay Rs.4,30,000/- as rent; to pay Rs.50,000/- as compensation on account of unfair trade practice and deficiency in service; to pay Rs.30,000/- as litigation charges along with the interest @ 18% per annum from the date of agreement till its realization in the interest of justice.

2.    Brief facts made out from the complaint are that the O.Ps. are running the business of Real Estate, constructing flats, developing colonies and selling the plots etc. on profit basis. In addition to that they are also running the deposit business like banks, financial institutions. The OP No.1 is the Chief Managing Director, O.P. No.2 is the Director and the OP No.3 is the Branch Manager of the M/s Nature Heights Infra Limited having its office at Nuhon Colony, VPO Ghanauli, Tehsil & District Rupnagar. The O.P. attracted the general public at large by giving advertisement on the cable network and News papers etc. that they were going to present Nature Greens as Agricultural project in Village Khedi Devnala, Tehsil Multai, District Betul, Madhya Pradesh in which they offered that they are going to develop the agricultural land and the purchasers/investors would be given the rent/theka of the respective land purchased by the investors.  It is further stated that O.Ps. induced the general public to invest and purchase the plots with them in the said project. Being induced by that allurement the complainant also booked one plot of 1 acre for total considereation of Rs.5,00,000/- in the Ropar Branch.  The agreement for sale was also executed between the complainant and OPs on 10.11.2012. It was also agreed that the vendor/Ops would obtain all kinds of NOC, permissions and Income tax clearance by the time from appropriate authorities of Govt. As per the agreement purchaser is at liberty to get registration of property at all reasonable times and also agreed between the parties if the customer does not want to retain the land at the end of six years, he could sell back the same to the vendor at the price of purchasing amount. If the purchaser want to release during this period it can be done with the prior permission of the vendor subject to payment of 3% of the total plot sale value in lump sum as usual charges of documentation etc as payable to government agencies. It was also agreed that purchaser would receive Rs.7500/- per acre/per month as rent. From the date of agreement the O.Ps. had not paid the single installment of rent to the complainant. The rent from the date of agreement is till now is approximately Rs.4,30,000/- which is due towards O.Ps. Thereafter, the complainant approached the O.Ps. with a request to refund of Rs.5 Lacs as the payment of plot plus also demanded Rs.4,30,000/- as payment of rent along with interest. But despite repeated requests, the O.Ps. neither refund Rs.5 Lacs nor Rs.4,30,000/- as rent along with interest. Hence, this complaint.  

  3.    On being put to the notice, none appeared on behalf of O.Ps. No.1 to 3, accordingly, they were proceeded against ex-parte vide order dated 20.03.2019. 

 4.   On being called upon to do so, the learned counsel for the complainant has tendered duly sworn affidavit of complainant Ex.CW1/A along with documents Ex.C1 to Ex.C3 and closed the evidence.

5.    We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.

6.     Complainant counsel Sh. Amandeep Saini, argued that complainant is the consumer, sufficient evidence is on the file regarding deposit and O.Ps. were proceeded against ex-parte. The complaint deserves to be allowed with costs.

7.    Complainant counsel referred the pleadings, receipt Ex.C1, vide which complainant deposited Rs.5,00,000/- on 02.11.2012. Then there is one agreement dated 10.12.2012, which is between the parties regarding confinement of deposit full and final payment was to be made at the time of agreement. The Further agreement pass to late the following observations:-

       "That the vendor would obtain all kinds of NOC, permissions and income tax clearance before the time of registration of the property."

             8.             After referring the above said part of agreement, complainant counsel     made           prayer that the O.Ps neither cleared the title nor obtained NOC     even  not made income tax clearance.  He prayed that deficiency is           made out and the complaint deserves to be allowed.

           9.  After appreciating the totality of the document and appreciating the arguments, complainant deposited Rs.5,00,000/ which was deposited on 02.11.2012. In this way, the complainant is the consumer O.Ps did not make any improvement as per the agreement then complainant filed the complaint in the month of November 2018. O.Ps. did not appear despite notices and were proceeded against ex-parte. Qua the fraud committed some consumers got registered FIR No.59 dated 3.6.2016 against the O.Ps and its copy is Ex.C3. So complainant is able to prove deficiency on the part of O.Ps. regarding the payment of Rs.5,00,000/-. So, the complainant is held entitled to Rs.5,00,000/-. The responsibilities of the O.Ps. is joint because OP No.3 acted though in the capacity of Manager on behalf of O.Ps. No.1 & 2. They are liable to pay jointly and severally.

         10.  In the light of discussion made above, the complaint stands allowed ex-parte with the directions to the O.Ps. to pay Rs.5,00,000/- to the complainant along with interest @ 8% per annum from the date of deposit i.e. 02.11.2012 with costs of Rs.10,000/-.

         11.  The O.Ps. are further directed to comply with the order jointly and severally within the period of two months from the date of receipt of certified copy of this order. 

          12. The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.  

 

            ANNOUNCED                                                    (KARNAIL SINGH AHHI)

            Dated.24.04.2019                                     PRESIDENT
 

 

 

                                      (CAPT. YUVINDER SINGH MATTA)

                                                                   MEMBER