DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 432 of 17.11.2017
Decided on: 31.10.2018
Arun Kumar aged about 45 years S/o Jai Parkash Bansal, r/o Thatherian Street, Tehsil Nabha, District Patiala.
…………...Complainant
Versus
1. M/s Nature Heights Infra Ltd.9 through its Director(s)/Partner(s)-Mr.Amit Kukkar, Mr.Gaurav Chhabra and Mr.Neera Thatai, available at #9, Sunder Nagari, Hanumangarh Road, Abohar-152116(Punjab)
2. M/s Nature Heights Infra Ltd. having its Branch Office at SCO 134, First Floor, Chhoti Baradari, Patiala 147001, Punjab .
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neelam Gupta, Member
Sh.Kanwaljit Singh, Member
ARGUED BY:
Sh.R.K.Bedi, Advocate, counsel for complainant.
Opposite parties No.1&2 ex-parte.
ORDER
SH.KANWALJIT SINGH, MEMBER
In brief, the case of the complainant is that in the month of June-2011, duly authorized agent / representative of the OPs namely Parmod Jindal, approached the complainantwith an offer that the OPs are well known colonizers & deals in the business of construction of flats as well as colonies.He further said that the OPs are going to carve out a new residential colony at village Dhanera, Tehsil Anandpur, District Ropar at cheaper rates.He further said that the colony will be duly approached from Govt and the OPs will provide all the world class modern amenities and in case of advance booking of plots, the company has given the offer to sell the plot of 2000 sq. fit in Rs.4.5 lacs, which shall be payable in equal installments for 6 years payable on or before half yearly of Rs.38,900/-.
Allured from the said offer, the complainant , booked the said plot and paid first installment cum booking amount of Rs.38900/- to the agent of the OP vide receipt No.1361/215181 dated 27.6.2011.
Thereafter the complainant approached the said agent number of times for the issuance of offer letter alongwith registration letter and agreement to sell (Biana) but no registration letter and agreement for sale was issued. But after lot of persuasion by complainant, the agent handed over a photocopy of agreement for sale. As per the said agreement, the vendor would obtain all kind of NOC, permission and income tax clearance; that if a good and marketable title is not made out due to any reason then the purchaser would be at liberty to rescind the agreement and vendor wouldbe bound to pay 16% P.A. growth to his sums already paid within three months of the rescinding and demands and that if the purchaser himself/herself/itself does not want to get the Sale Deed registered willingly even in that condition refund of amounts alongwith 16% P.A. growth will be payable to him/her etc.
The OPs were bound to provide plot dimensions and directions after mapping in 11 months of the issuance of the agreement for sale i.e. uptill October,2012.
On receipt of the agreement for sale, the complainant approached the agentand tried to know about the development of the colony as per contract. It was informed that the company has not yet got the approval from the Govt. and as and when the approval and other formalities were completed they willissue the necessary documents .The complainant was shocked to know that there is no construction/demarcation of the plots in the said land.
On coming to know about all the facts of unfair trade practice adopted b y the OPs, the complainant immediately approached the office of the OPs and asked for the refund of his complete amount of Rs.3,11,200/- alongwith interest @16% per annum, as per agreement for sale. The OPs failed to do so
He also got served a legal notice dated 8.1.2016 upon the OPs, but the OPs did not reply the same, which amounted to deficiency in service on their part and causedlot of inconvenience, mental agony and physical harassment to the complainant. Hence this complaint.
3. On being put to notice, the OPs failed to come present despite service and were accordingly proceeded against exparte.
4. In support of the case, the ld. counsel for the complainant has tendered affidavit of the complainant , Ex.CA, affidavit of Sh. Baldeep Singh, Ex.CB alongwith documents Exs.C1 to C10 and closed the evidence.
5. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. Ex.C1, is the copy of agreement for sale, executed on 5th September, 2011 between the OPs and the complainant. As per the said agreement, the total price of the intended property to be sold was fixed at Rs.4,50,000/- which was to be paid in easy installments of Rs.38,900/-half yearly within six years. It is mentioned in the agreement that on completion of sale price, the vendor would execute sale deed in favour of purchaser after passing of three months period to enable the Company to scrutinize the entire a/c. By that time the vendor would obtain all kinds of NOC, Permission and Income Tax clearance. It is also mentioned in the agreement that actual and physical possession would be delivered at the spot only on registration of Sale deed. As such the OPs have committed deficiency in service and they are liable to refund the amount lying deposited with it alongwith interest. Not only this they are also liable to compensate him for the mental agony and physical harassment caused to him alongwith litigation expenses. The contentions of the complainant, which are duly supported by his affidavit, have gone un-rebutted, as the O.Ps instead of contesting the case have preferred not to appear before this Forum. From the copies of receipts, Exs.C3 and C4 to C10, issued by the OPs, it is evident that the complainant made the payment of installment of Rs.38900/-each on 27.06.2011, 18.01.2012,3.7.2012,13.2.2013, 1.8.2013,24.1.2014,20.9.2014 and 7.1.2015, thereby having deposited a total sum of Rs.3,11,200/-with the OPs. Since the OPs have failed to abide by the terms and conditions of the contract entered with the complainant, therefore, they are liable to refund the amount to the complainant lying deposited with them alongwith interest. It may be stated that in the case of Ms. Sneh Sood Vs. M/s Bajwa Developers Ltd., our own Hon’ble State Commission, vide its order dated 23.2.2017, has held that “ if the promoter/builder fails to give possession in accordance with the terms of the agreement of a plot or an apartment then it is liable to refund the amounts already received in respect of the plot or apartment with simple interest @ 12% per annum, as per Section 12 of Punjab Apartment and Property Regulations Rules,1995, read with rule 17 of Rules framed there under. In view of the law laid down by the Higher Court, in the present case also, the complainant is entitled to get interest @12% per annum from the respective dates of deposits till the date of actual payment. He is also entitled to get compensation on account of mental agony and physical harassment suffered by him alongwith litigation expenses.
7. In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner:
- To refund the amount of Rs.3,11,200/- to the complainant alongwith interest @12% per annum from the respective dates of deposits till actual payment.
- To pay Rs.20,000/- as compensation for causing mental agony and physical harassment to the complainant.
- To pay Rs.10,000/- as litigation expenses.
The Ops are further directed to comply the order within a period of 45 days from the date of the receipt of certified copy of this order. Certified copies of this order be sent to the parties free of cost under the rules. Thereafter file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:31.10.2018
KANWALJIT SINGH NEELAM GUPTA
MEMBER MEMBER
