Punjab

Rupnagar

CC/18/112

Ram Mehar - Complainant(s)

Versus

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

Sh. Amandeep Saini,Adv

24 Apr 2019

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                 Consumer Complaint No.  112 of 26.11.2018

                                 Date of decision                    :    24.04.2019

 

Ram Mehar, aged about 50 years, son of Ram Chander, resident of VPO Majra Dubbal Dhan, Tehsil & District Jhajjar, Haryana  

                                                                 ......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.31250/- along with interest @ 13% per annum; to pay Rs.30,000/- as compensation on account of unfair trade practice and deficiency in service; to pay Rs.20,000/- 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 Premium Residential Township in the form of a colony in Village Badingali, Tehsil Mukerian, District Hoshiarpur in which they would provide internal sewerage, water supply, drainage, parks, club etc. It is further stated that O.Ps. induced the general public to book the plots with them in the said colony. On the allurement of O.Ps, the complainant also booked one plot of 1000 Sq. Feet for a total consideration of Rs.1,25,000/- in the Ropar Branch. It was agreed between both the parties that the complainant/purchaser would be at liberty to pay sum in the installment of Rs.31250/- payable on or before yearly during four years. The agreement for sale was also executed between the complainant and OPs on 24.02.2012. As per the terms and conditions of that agreement, the total period of payment was of four years. 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 after the expiry of stipulated period the complainant asked for the physical possession of the property. Thereafter complainant visited the proposed site and was shocked to know that there is no construction/demarcation of the plots in the said land. Even there was no boundary wall of the said land and the land was empty and complainant approached to the O.Ps and request for refund the amount of Rs.31250/- along with interest as per agreement but the O.Ps. did not refund the amount. 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 & Ex.C2 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 pleaded qua the refund of Rs.31,250/- deposited with the O.Ps. In the entire complaint, no specific date is given qua the deposit of said amount. In support of the claim, complainant tendered affidavit Ex.CW1/A, agreement Ex.C1 and copy of FIR Ex.C2.

8.    The forum appreciated the documentary evidence and the star document is Ex.C1 agreement dated 24.2.2012 vide which complainant agreed to pay Rs.1,25,000/- in easy installments to the tune of Rs.31,250/- in four years. Beside this there is no document on the file. FIR Ex.C2 not relates to complainant. Without going detail, complainant remains unsuccessful in proving the deposit of Rs.31,250/-. Relying upon the agreement dated 24.2.2012, no relief can be granted in favour of complainant. So the complaint is without merit.

9.    In the light of discussion made above, the complaint stands dismissed.

10.  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