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 Ops is a company carrying on the real estate business of buying, selling, renting and operating of self owned or leased real estate such as apartment building and dwelling, non-residential buildings, developing and subdividing real estate into lots etc.  The Ops have offices all over India and in Punjab. They have branch office in Abohar, Jalandhar, Amrisar and Batala in District Gurdaspur. Ops had advertised availability of plots in village Khedi Denala, Tehsil Multai, District Betul,Madhya Pardesh. Allured by the picturesque projection, she bookd plot measuring 14408 sq.ft, Ref Id-10059711 situated in Village Khedi Devnala, Tehsil Multai, District Betul, Madhya Pardesh, India, comprised in Khewat and Khatoni Numbers, as fully detailed and described in para No. 3 of the complaint. She deposited full and final payment of Rs.2,00,000/- with OP No.2 at Batala on 24.7.2013 and in lieu thereof a receipt was issued by the Ops to her. The Ops entered into full payment cum sale agreement with her on 23.8.2013 which was handed over to her at Batala, where the Ops have a Branch Office. It was agreed by Ops that they will obtain all kinds of NOC, permissions and other clearance before the time of registration of the property and the registration of the property can be done at any time by her.  The actual and physical possession of the property was to be delivered at the spot on the registration of the sale deed. It was further agreed that  if she does not want to retain the land at the end of 6 years she can sell back the same to the vendor at the purchasing price. It was also agreed by the Ops that a rent of Rs.3,000/- per month will be paid to her. After receiving the full and final payment, the Ops have not executed the sale deed of abovesaid plot in her favor nor delivered the possession of the plot till now. She approached the office of OP no.2 in 2014, 2015 and 2016 numerous times with the request to execute the sale deed of the plot and deliver the possession as promised but they have adopted unfair trade practice and have failed to perform their part. Even the Ops are no refunding her amount. In January 2017, she was flabbergasted to know the OP have swindled her hard money earned money have defrauded her and many other customers on the fake promise of delivering the possession of plots to them. Non-registration of sale deed and non delivery of possession of the property to her by the OP and after that not refunding her hand earned money amounts to unfair trade practice and is deficiency in service on their part.  Due to non delivery of possession of plot by the OP not refunding the amount, she has suffered pecuniary and non pecuniary damages and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and the OPs be directed to  refund  Rs.2,00,000/-  alongwith interest  as agreed by the Ops as mentioned in the agreement, from the date of deposit till the realization of the amount along with Rs.30,000/- as compensation for causing mental agony and harassment and Rs.10,000/- as litigation expenses, in the interest of justice.

2.      Notice of the complaint was given to the OP No.1, but despite service through publication in the ‘Chardhi Kala’ newspaper, the OP No.1  failed to appear and as such, they were proceeded against ex-parte vide order dated 10.12.2018.

3.       Upon notice, OP No.2 appeared through its counsel and filed written reply, whereby contested the complaint by taking preliminary objections that the present complaint is not maintainable against the OP No.2 in any manner. On merits, it was admitted that the OP No.1 M/s.Nature Heights Infra Ltd. was running the business. The OP No.2 was not a party to said alleged agreement of sale executed between the complainant with the OP No.1 and answering OP did not contact with the complainant and also he did not play any part regarding the transaction of opposite party no.1.He did not insist the complainant at any point of time for investment in the company of OP No.1. It has got no concern with the alleged payments made by the complainant.  It was admitted that the OP No.2 was the employee of OP No.1. Actually, OP No.2 has no concern with the complainant in any manner so the question of any kind of deficiency in service on his part towards the complaint does not arise or exist at all. All other averments made in the complaint have been denied and lastly the complaint has been prayed to be dismissed with cost.

4.        Alongwith the complaint, complainant has filed her own affidavit  Ex.C-1 alongwith other documents Ex.C-2  and  Ex.C-3.

5.     On the other hand,  alongwith the written statement Sh.Sukhdev Kumar  has filed his own affidavit Ex.OP-2/1 alongwith other documents Ex.OP-2/2 to Ex.OP-2/4.

6.    We have heard the learned counsel for the complainant and also gone through the case file very minutely.

7.       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 23.08.2013 was scribed and copy of the same is proved on the file by the complainant as Ex.C3 and as per agreement, the total area of the plot was 14408 sq.ft and its total price was agreed to be Rs. 2,00,000/- . It is also mentioned in the agreement that the purchaser would be at liberty to pay such sum in lump sum of Rs.2,00,000/-. It is further mentioned in the agreement that the vendor received Rs. 2,00,000/-  in lump sum  vide receipt No.163340 dated 24.7.2013 Ex.C-2. The aforesaid receipt  has been issued by the OPs in favour of the complainant-Jaswinder Kaur. 

8.        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.

9.        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.

10.      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, even 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  was deposited  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.

11.     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.2,00,000/- along with compensation of Rs.10,000/- 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.

12.       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)

September 24, 2019.              Member                     Presiding Member

MK