Punjab

Rupnagar

CC/19/10

Mohinder Devi - Complainant(s)

Versus

M/S Nature Heights Infra limited - Opp.Party(s)

Naresh Kumar

06 Jun 2019

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                 Consumer Complaint No. :  10 of 07.02.2019

                                 Date of decision                    :    06.06.2019

 

Mohinder Devi, aged about 56 years, wife of Davinder Singh, resident of House No.508, Phase 1A, Shivalik Avenue, Naya Nangal, Tehsil Nangal, District Rupnagar (Punjab) 

                                                                 ......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 Managing 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 Gaurav Chhabra
3. Harkamal Sharma, Branch Manager, M/s Nature Heights Infra Limited, having its office, House No.108, Modren Avenue Refidents Colony, Focal point Naya Nangal, Tehsil Nangal, District Ropar

 

   ....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. Naresh Kumar, Adv. counsel for complainant  

O.Ps. exparte 

 

                                           ORDER

              SH. KARNAIL SINGH AHHI, PRESIDENT

1. Mohinder Devi, aged about 56 years, wife of Davinder Singh,    resident of House No.508, Phase 1A, Shivalik Avenue, Naya Nangal, Tehsil Nangal, District Rupnagar (Punjab), has filed the present complaint seeking directions to the opposite parties to refund the amount of Rs.43,750/- along with interest @ 13% per annum compounded growth as per the agreement; 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 House No.108, Modren Avenue Refidents Colony, Focal Point, Naya Nangal, Tehsil Nangal 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 Bringali, Tehsil Mukerian, District Hoshiarpur, in which they would provide internal sewerage, water supply, drainage, parks, club etc. It is further stated that O.P. 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.1,75,000/ in the township. The O.Ps. entered an agreement for sale was executed between the complainant on 02.10.2012 for the plot. The complainant deposited the first installment of Rs.43,750/- in the office of OP No.3 at House No.108, Modren Avenue Refidents Colony, Focal Point, Naya Nangal, Tehsil Nangal, District Ropar   on 02.10.2012. As per the terms and conditions of that agreement, total period of payment was four years. The vendor/Ops would obtain all kinds of NOC, permissions and Income tax clearance by the time from appropriate authorities of Govt. It was also agreed between both the parties that the complainant/purchaser would be at liberty to pay sum in the installment of Rs.43,750/- per year during four years. As per the agreement, the O.ps. had to provide the information regarding plot, its dimensions and directions within 11 months from issuance of the agreement to sell. After the completion of 11 months, the O.Ps. have not provided any information regarding plot number and its dimensions as the O.Ps. never contacted the complainant and in the absence of such information, the complainant was unable to pay the remaining installments to the O.Ps. and in this way, the O.Ps. have not fulfilled the terms and conditions of the agreement. Thereafter, when the 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. Thereafter the complainant approached to the OPs to refund the deposited amount of Rs.43,750/- but inspite of repeated requests O.Ps. did not refund the deposited 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 06.06.2019.

4.    On being called upon to do so, the learned counsel for the complainant has tendered duly sworn affidavit of complainant Ex.C1/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. Naresh Kumar, argued that as per the complainant (Mohinder Devi), is entitled for the relief claimed with costs as the O.Ps. did not appear despite service. The evidence led by the complainant is unrebutted.

7.    Complainant alleged that O.Ps. agreed to sell 1000 Sq. Ft plot vide agreement dated 2.10.2012 and paid Rs.43,750/- on 7.7.2012. In support of the complaint, complainant relied upon the agreement Ex.C1, receipt Ex.C2 dated 7.7.2012 and FIR Ex.C3. After going through these documents, the forum considered that it is a consumer dispute, the complaint is maintainable and this forum has territorial jurisdiction.

8.    Coming to the real controversy, whether the complainant has been able to prove deficiency on the part of O.Ps. or not. Complainant relied upon the agreement dated 02.10.2012, which was executed by O.Ps. in favour of the complainant. It is mentioned in the agreement that the total sale consideration was Rs.1,75,000/-, which was to be deposited in four years with yearly installment. Then complainant placed on file Ex.C2, copy of the receipt vide which complainant made the payment of Rs.43,750/- for the 1000 Sq. ft plot. O.P. No.3 did not appear despite service and the receipt Ex.C2 issued by O.P. No.3 at Naya Nangal i.e. in District Rupnagar. Further FIR stands registered against O.P. The Further agreement pass to late the following observations:-

      "That if the project is not completed within 3 years due to any reason or the purchaser is not satisfied with the project he can rescind the agreement after the stipulated tenure and the vendor would be bound to pay 13% per annum. Compounded growth to his sums already paid within three months of rescinding "     

Till today, neither demarcation nor construction of the property has taken place. Even, the FIR stands registered against the O.Ps.                 

9.    The evidence led by the complainant is unrebutted because the O.Ps. did not appear despite service. In this way, the complainant  has been able to prove the deficiency in service on the part of the O.Ps and complaint deserves to be allowed. The responsibility of O.Ps. No.1 to 3 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.43,750/- along with interest @ 7.5% per annum w.e.f. 02.10.2012 i.e. the date of deposit with cost 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.06.06.2019                                     PRESIDENT
 

 

 

 

                                      (CAPT. YUVINDER SINGH MATTA)

                                                                             MEMBER