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 deals in real estate business of constructing flats, developing colonies, selling of plots etc. and OP has offices all over India and in Punjab the OP has branches in cities like Abohar, Jalandhar, Amritsar and Batala. The OP made newspaper advertisements and visual advertisements to attract the general public to purchase residential plots/land/property from them at very attractive prices. He availed the services of OPs for buying plot measuring 2000 sq.ft,    Ref Id-10017454 situated in Village Badingali, 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.2,50,000/- . The OPs entered into an agreement of sale with him on dated 21.10.2011 which was handed over to him at Batala, where the OP no.1 has a Branch Office and OP No.2 was working as incharge/manager of the said branch office of OP No.1.  It is further averred that as per the above said agreement, he was to make payment of the plot in 4 equal installments of Rs.62,500/- each in a period of 4 years and after the payment of full installments of a total price of   Rs.2,50,000/- of plot, the Ops were to execute the sale deed in his favour after passing of three months from the date of completion of sale price.  It was also agreed that actual and physical possession of the plot would be delivered at the spot on the registration of sale deed. It was also agreed that Ops would hand over the possession of plot to him after getting the NOC and income tax clearing certificate from the concerned department, after three months of the full payment. It was agreed by the OP that if they fail to execute and register the sale deed in his favour, then they would be bound to pay 13% interest per annum compound growth to the sum already paid within three months of the rescinding and demands. It was also agreed that in case they does not want to get the sale deed registered willingly, even in that condition the amount shall be refunded alongwith interest @ 13% per annum. The possession of the plot can be allotted anywhere in Village Badingali, Tehsil Mukerian, District Hoshiarpur. He paid  installments 4 installments of Rs.62,500/- each to the OPs which was duly received by them i.e., first installment of Rs Rs.62,500/- paid on 19.10.2011; second installment of Rs.62,500/-  paid on 22.10.2012;third installment of Rs.62,500/-  paid on 19.10.2013 ; and fourth installment of  Rs.62,500/-  paid on 21.10.2014.  After receiving the full and final sale price of the plot, the Ops delayed the execution of the sale deed intentionally and willfully inspite of his repeated request and kept on dillydallying the matter on one pretext or the other. He approached the office of OP at Batala and Abohar numerous times to fulfill their promise and execute of sale deed of the plot, but the OPs kept on delaying the matter on one pretext or the other. In November 2016, he was flabbergasted to know that the offices of Ops at cities like Batala, Amritsar etc. have been closed and they have run away swindled his hard earned money and have defrauded him and many other customers on the fake promise of delivering possession of plots to them by extracting large sums of amount from innocent buyers.  He  could not file the complaint in this Forum in time, as they were making serious efforts to either get the possession of plot from OPs or his amount back, but the OPs have run away swindling his money. Therefore, he is filing this complaint now after having left with no other option to get his money back. The delay is not intentional one.  He has come to know that various FIR's have been registered against the OPs for cheating many innocent buyers. Moreover, District Consumer Disputes Redressal Forum at Muktsar and Ferozepur  vide order directed the OP to refund the amount to the consumers alongwith interest and also imposed penalty. The non-delivery of possession of plot by the OPs to them after receiving the full and final  sale price 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 OPs be directed to refund  the entire sale price of Rs.2,50,000/-  alongwith interest @ 13% per annum on the amount deposited 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, in the interest of justice.

2.      Notice of the complaint was given to the OP No.1, but despite service through publication in the Charhdikala newspaper, the OP No.1 failed to appear and as such, it was proceeded against ex-parte vide order dated 22.1.2019.

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. Moreover, the payments made by the complainant in account of the 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 his own affidavit Ex.C-1 alongwith other documents Ex.C-2 to Ex.C-14.

5.     On the other hand, alongwith the written statement, OP No.2 has filed  affidavit of Sukhdev Kumar 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 complainants agreed to purchase a plot from the opposite parties and to this effect agreement for sale dated 21.10.2011 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 2000 sq.ft and its total price was agreed to be Rs. 2,50,000/- and the total period was fixed 4 years. It is also mentioned in the agreement that the purchaser would be at liberty to pay such sum in easy installments of Rs.62,500/-  payable on or before yearly during these 4 years. It is further mentioned in the agreement that the vendor received Rs.62,500/-  as first installments with this agreement of sale. Ex. C4 is the copy of receipt  dated 19.10.2015 for Rs.62,500/- ; and Ex. C5 is receipt No.105374 dated 22.10.2012 for Rs.62,500/- ; Ex. C6 is receipt No. 180833 dated 19.10.2013 for Rs.62,500/- and Ex.C-7 is receipt No.231076 dated 21.10.2014. The aforesaid receipts have been issued by the opposite parties in favour of the complainant-Palwinder Singh. Ex. C-8 is the copy of FIR, whereas Ex. C9 and Ex. C10 are the copies of news items.

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 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.

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.2,50,000/- 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. 

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)

October 01, 2019.                                     Member             Presiding Member

MK