DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 42 of 10.2.2020

                                      Decided on: 13.11.2024

Gurmeet Kaur aged 52 years wife of Sohan Singh, resident of House No.5/72, Ghanaur, District Patiala.

                                                                   …………...Complainant

                                      Versus

1. M/s Nature Heights Infra Limited, through its Director (s) Mr. Amit Kukkar, Mr. Gaurav Chhabra and Mr. Thatai available at # 9, Sunder Nagri, Hanumangarh Road, Abohar-152116,Punjab.
2. M/s Nature Heights Infra Limited, having its Branch office at SCO 18, Dukhniwaran Sahib Road, near Modren Senior Secondary School, Patiala.
3. Gaurav Chabra S/o Chaman Lal Chabra, Director M/s Nature Height Infra Ltd. Now confined in Central Jail,Muktsar in Fir No.55 dated 10.4.2017 U/s 420/12-B IPC, P.S.City-1, Abohar & FIR No.35 dated 3.62016 U/s 420/465/467/468/471/120-B IPC, P.S.City-1, Abohar through Jail Superintendent, Central Jail, Shri Muktsar Sahib

…………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh.Pushvinder Singh, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                       Sh.Dhiraj Puri, counsel for complainant.

                                      Opposite parties ex-parte.      

 ORDER

                                      PUSHVINDER SINGH, PRESIDENT

1. The instant complaint is filed by Gurmeet Kaur wife of Sh.Sohan Singh (hereinafter referred to as the complainant) against Nature Heights Infra Limited (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred in the complaint that under the allurement of the OPs complainant booked plot of 3000 Sq.feet vide plot Ref.ID No.10017544 for a consideration of Rs.3,75,000/- vide agreement dated 2.11.2011 and registration letter dated 21.10.2011 wherein vide receipt No.23523 first installment of Rs.93750/- was deposited by the complainant to the OPs. It is averred that as per the conditions the OPs/vendor have to obtain all kind of NOC, permissions and income tax clearance alongwith other conditions of the agreement. It is averred that the complainant deposited the amount of Rs.1,87,500/-  through various receipts i.e. Rs.93750/-each  on 21.10.2011 and 15.12.2012 vide receipts No.23523 and 115771 respectively.
3. It is averred that later on from various news articles published in newspaper, complainant came to know that the OPs have booked number of plots from all over the Punjab in various schemes floated by the OPs and none of the person has got the plot. It is further averred that thereafter the complainant approached the OPs with the request to handover the physical possession of the plot or to refund the deposited amount alongwith 13% per annum compound interest alongwith future interest but the OPs failed to do so which amounted to deficiency in service and unfair trade practice on the part of the OPs, which caused great mental agony, tension, harassment, inconvenience and humiliation. Hence this complaint with the prayer to accept the same by giving direction to the OPs to refund the amount of Rs.1,87,000/-  alongwith 13% per annum compounded  interest alongwith future interest;  to pay Rs.50,000/-  as compensation on account of unfair trade practice and deficiency in service and also for causing  mental tension agony and pain to the complainant  and also to pay Rs.22,000/- as litigation expenses.
4. Notice of the complaint was issued to the OPs through registered post. Notice issued to OP No.3 through registered post not received back un-served. Accordingly OP No.3 was proceeded against ex-parte vide order dated 23.9.2020. Notice issued to OPs No.1&2 received back un-served and the complainant was directed to furnish correct addresses of these OPs. Upon  furnishing correct address of OPs No.1&2 dasti summons were issued which were served  but none appeared to contest the complaint on behalf of the OPs and the OPs No.1&2 were also  proceeded against ex-parte vide order dated 10.9.2024.
5. In evidence, ld. counsel for the complainant has tendered in evidence Ex.CA, affidavit of the complainant alongwith documents Ex.C1 to Ex.C3 and conditions and closed the evidence.
6. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
7. The ld. counsel for the complainant has argued that the complainant under the influence of OPs deposited an amount of Rs.1,87,000/-with the OPs for the purchase of a plot/property but the OPs neither refunded the amount nor  delivered the plot  inspite of  requests made by the complainant which amounts to deficiency in service and unfair trade practice on the part of the OPs and has prayed that the amount deposited by the complainant may kindly be got refunded double of the same alongwith interest, compensation and costs.
8. The complainant has proved her case vide document Ex.C1 copy of Agreement For Sale, issued in the name of Gurmeet Kaur wife of Sohan Singh i.e. the complainant. In the said agreement it is mentioned that the total price of the intended property to be sold is fixed at Rs.3,75,000/- and the purchaser would be at liberty to pay such sum in easy installment of Rs.93750/-. The complainant has paid the total sum of Rs.1,87,500/- as is proved vide receipts Ex.C2 and Ex.C3 of Rs.93,750/-each. The ld. counsel for the complainant has argued that the OPs did not deliver any plot/property or refunded the amount so deposited by the complainant despite repeated requests made by her. It is mentioned in the agreement,Ex.C1 that ‘if the Purchaser himself/herself/itself does not want to get the Sale Deed Regd. willingly even in that condition refund of amounts alongwith 13% P.A. Compounded growth will be payable to him/her etc.’ The claim of the complainant and evidence led by the complainant remained un rebutted as the OPs did not bother to contest the complaint and have chosen to remain exparte.
9. As per un rebutted evidence of the complainant, OPs failed to even start any construction over the site as agreed by them. Accordingly the complainant is entitled to get the refund of the paid amount.
10. In view of the discussion above, we partly allow the complaint and direct the OPs to refund the amount so deposited by the complainant i.e. Rs.1,87,500/-alongwith interest @7% p.a.from the date of payment within a period of 45 days from the date of receipt of certified copy of this order failing which they shall pay the said amount alongwith interest @9% per annum from the date of deposit till realization. The complainant is also entitled to Rs.20,000/- awarded towards compensation  and litigation expenses.         
11. The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.            
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                                              G.S.Nagi                           PUSHVINDER SINGH

                                              Member                          President