The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act, 1986 on the averments that the complainant is the resident of aforesaid address. The opposite parties deal in real estate business of buying, selling, renting and operating of self-owned or leased real estate such as apartment building and dwellings, non-residential buildings, developing and subdividing real estate into lots etc. The complainant availed the services of opposite parties for buying plot measuring 4000 sq.ft, Ref Id-10033768/63991 situated in Village Bringali, Tehsil Mukerian, District Hoshiarpur, Punjab, comprised in Khewat and Khatoni Numbers, as fully detailed and described in para No. 3 of the complaint, for a sale consideration of Rs.7,00,000/-. The opposite parties entered into an agreement of sale with complainant on dated 12.06.2012 which was handed over to the complainant at Batala, where the opposite parties have a Branch Office. The opposite parties have offices all over India and in Punjab. They have branch offices in Abohar, Jalandhar, Amritar and Batala in District Gurdaspur. It is further averred that as per the above said agreement, the complainant was to make payment of the plot in 4 equal instalments of Rs. 1,75,000/- each in a period of 4 years and after the payment of full instalments of a total consideration of Rs.7,00,000/-, the opposite parties were to hand over the possession of plot to the complainant after getting the NOC and income tax clearing certificate from the concerned department. It was agreed that the opposite parties will execute and register the sale deed in favour of the complainant after the payment of the sale price and after passing of 3 months from the date of payment of final instalment and the expenses of registration of the sale deed were to be borne by the complainant and the opposite parties were to deliver the possession of the plot at the time of the registration of the sale deed. It was also agreed by the opposite parties that if the opposite parties fail to execute and register the sale deed in favour of the complainant, the opposite parties would be bound to pay 13% per annum compound growth to the sums already paid within three months of the rescinding and demands. The complainant paid 4 instalments total amount of Rs. 7,00,000/- to the opposite parties which was duly received by them i.e., first instalment of Rs. 1,75,000/- paid on 25.05.2012; second instalment of Rs. 1,75,000/- paid on 22.05.2013 vide receipt No. 148285; third instalment of Rs. 1,75,000/- paid on 23.05.2014 vide receipt No.215036; and fourth instalment of Rs. 1,75,000/-paid on 25.05.2015 vide receipt No. 252772. After receiving the full and final payment, the possession was to be handed over to the complainant by the opposite parties. The complainant approached the office of opposite parties numerous time after the final payment of instalment for getting the possession of plot and execution of sale deed as agreed upon, but the opposite parties kept on delaying the matter on one pretext or the other. In May 2016, the complainant was flabbergasted to know that the opposite parties have swindled her hard earned money and have defrauded her and many other customers on the fake promise of delivering possession of plots to them. The complainant could not file the complaint in this Forum in time, as he was making serious efforts to either get the possession of plot from opposite parties or his amount back, but the opposite parties have run away swindling her money. The complainant has recently come to know that various FIR's have been registered against the opposite parties for cheating many innocent buyers. Therefore, the complainant is filing this complaint now after having left with no other option to get his money back. The delay is not intentional one. The non-allotment of plots by the opposite parties to the complainant after receiving the full and final consideration amounts to deficiency in service and unfair trade practice on the part of the opposite parties and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and the opposite parties be directed to hand over the possession of plot or refund Rs.7,00,000/- along with 13% compound interest as agreed by the opposite parties as mentioned in the complaint from the date of deposit till the realization of the amount along with Rs.50,000/- as compensation for causing mental agony and harassment and Rs.20,000/- as litigation expenses.

2.        Notice of the complaint was given to the opposite parties, but despite service through publication in the Daily Chardi Kala newspaper, the opposite parties failed to appear and as such, both the opposite parties were proceeded against ex-parte vide order dated 30.7.2018.

3.     In order to prove his ex-parte claim, the complainant along with his counsel tendered into evidence affidavit Ex. C1 along with documents Ex. C2 to Ex. C-10 and closed the evidence.

4.           Sh.Anand Mahajan, Advocate has filed an application for joining the proceedings on behalf of opposite party no.2 which was allowed on 8.7.2019 and he was permitted to join the proceedings of this case on the same day.

5.     After hearing the arguments on con-donation of delay, we consider that the complainant is justified due to the reasons mentioned in application. Moreover, it is a continuing cause of action as the possession of the plot is still not handed over to complainant. In view of it, the application for con-donation of delay is allowed and detailed arguments on the main complaint of both the parties have been heard and also gone through the case file very minutely.

6.        After considering the overall circumstances whatsoever put before us by the learned counsel for the complainant itself reveals that the complainant agreed to purchase a plot from the opposite parties and to this effect agreement for sale dated 12.06.2012 was scribed and copy of the same is proved on the file by the complainant as Ex.C2 and as per agreement, the total area of the plot was 4000 sq.ft and its total price was agreed to be Rs. 7,00,000/- and the total period was fixed 4 years. It is further mentioned in the agreement that the vendor received Rs. 1,75,000/- as first installment with this agreement of sale. Ex.C-3 is  copy of receipt dated 25.05.2012;  Ex.C-4 is copy of receipt No.148285 dated 22.5.2013 for Rs.1,75,000/- as second instalment; Ex.C-5 is copy of receipt No.215036 dated 23.5.2014 for Rs.1,75,000/- as third instalment; and  Ex.C-6 is copy of receipt No.252779 dated 25.5.2015 for Rs.1,75,000/- as fourth instalment . The aforesaid receipts have been issued by the opposite parties in favour of the complainant-Gian Chand. Ex. C-7 is copy of Addhar Card of complainant; Ex.C-8 is copy of FIR, whereas Ex. C9 and Ex. C10 are the copies of news items.

7.      According to the terms and conditions of the agreement, the vendor would obtain all kinds of NOCs, permissions and Income Tax Clearances by the time of registration of property. Moreover, the actual and physical possession would be delivered at the spot only on registration of Sale Deed. But in the present case, the complainant approached the office of opposite parties numerous times after the final payment of instalment for getting the possession of plot and execution of sale deed as agreed upon, but the opposite parties kept on delaying the matter on one pretext or the other.

8.     We think that the aforesaid only condition itself shows that the opposite parties agreed to provide service in the shape of giving the actual and physical possession at the spot only on registration of sale deed. But, in the present case, the opposite parties have failed to hand over the actual and physical possession of plot to the complainant after receiving the full and final consideration. Moreover, in this case the opposite parties despite service through publication did not come present and the evidence led by the complainant remained unrebutted and unchallenged, so we find no ground to discard the ex-parte evidence of the complainant.

9.          The learned counsel for the complainant submits that the receipts were signed by opposite party No. 2 and he was receiving the amounts from the complainant, after knowing the fact that the Company is not functioning. That however would make no difference since he signed/issued the receipts on behalf of the Company and admittedly, the payment went to the account of the Company and not to his personal account. So, we are of the considered view that the liability is on the part of opposite party No. 1.

10.     So under these circumstances, this Forum finds force in the arguments put forth by the ld. counsel for the complainant and there is deficiency in service and unfair trade practice on the part of the opposite party no.1. Therefore, the complaint of the complainant is partly accepted ex-parte and the opposite party No.1 is directed to refund the amount of Rs.7,00,000/- along with compensation of Rs.20,000/- on account of mental agony and harassment suffered by the complainant and litigation expenses of Rs.5,000/- within one month, failing which the complainant will be entitled to get interest @ 9% per annum on the aforesaid whole amount from the date of filing of the complaint till realization. 

11.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records. The complaint could not be decided within stipulated period due to rush of work.

ANNOUNCED:                      (Shri Raj Singh)                (Rajita Sareen)

August 26, 2019.                            Member                    Presiding Member

MK