DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 13 of  11.1.2019

                                      Decided on:      7.11.2019

Harish Kumar S/o Kashmiri Lal r/o H.No.266, Mohalla Dallichi, Sirhind City , District Fatehgarh Sahib.

                                                                   …………...Complainant

                                      Versus

1.       M/s Nature Heights Infra Limited , through its Director(s) Parnter (s) Mr.Amit Kukkar, Mr.Gaurav Chhabra and Mr.Neeraj Thatai available at  # 9, Sunder Nagri,  Hanumangarh Road, Abhoar- 152116, Punjab.

2.       M/s Nature Heights Infra Limited having its Branch Office at SCO 18,  Dukhniwaran Sahib Road, near Modern Senior Secondary School, Patiala.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt.Inderjeet Kaur, Member

                                      Sh.B.S.Dhaliwal, Member                         

ARGUED BY:                                

                                      Sh.Dhiraj Puri, Advocate, counsel for complainant.

                                      Opposite Parties Ex-parte.                                  

 ORDER

                                    B.S.DHALIWAL, MEMBER

1. Harish Kumar (hereinafter referred to as the complainant) has filed this complaint U/S 12 of Consumer Protection Act,1986 (hereinafter referred to as the Act) against     M/s Nature Heights Infra Ltd. and another   (hereinafter referred to as Opposite Parties).
2. The brief facts of the complaint are that on the allurement of the representative of the OPs, that the company is going to carve out a new residential colony at village Mugal Majra,Khanna Road, Tehsil Amloh, District Fatehgarh Sahib at cheaper rates  which will be duly approved from the Govt., the complainant booked the plot/showroom of 333.72  sq. ft at Tower Ist Shop No.4068 on 4^th floor and  deposited Rs.5,39,240/- with the OPs. Few days thereafter, the complainant approached the OPs and requested them to handover the physical possession of the plot/showroom. Lateron from various news articles, published in newspapers ,complainant came to know that the OPs have booked number of plots/showrooms from all over the Punjab in various schemes floated by them but neither the colony has been approved by the Govt. authorities nor they are the owner of the alleged property. In this way the OPs did not fulfill their promise and cheated him by grabbing his hard earned amount. After coming to know about all the facts, the complainant approached the OPs  and requested for the refund of his amount  deposited with them but of no avail.
3. By filing this complaint the complainant has prayed for giving direction to the OPs to refund the amount of Rs.5,39,240/- deposited  with them alongwith interest @16% compounded growth; to pay Rs.50,000/- as compensation on account of unfair trade practice and to pay Rs.22000/- as litigation expenses.
4. On notice, the OPs failed to come present despite service and were accordingly proceeded against ex-parte.
5. In evidence, the ld. counsel for the complainant has tendered affidavit of the complainant, Ex.CA alongwith documents, copy of Agreement For Sale, Ex.C1, copies of payment receipts, Exs.C2 & C3 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 submitted that on the allurement of the representative the  OPs, complainant booked a plot/showroom and deposited Rs.5,39,240/- with the OPs.  The complainant approached the OPs to deliver the property or to return the amount but the OPs kept on lingering the issue on one pretext of the other and failed to fulfill their promise.
8. The perusal of copy of Agreement for Sale, Ex.C1 clearly reveals that the complainant booked a plot with OPs . Copies of payments receipts, Exs.C2 and C3 for Rs.2,69,620/- each corroborate the version of the complainant that he deposited Rs.5,39,240/- with the OPs. It is incorporated in the terms and conditions of agreement for sale that the possession of property will be made after completion of 24 months and if not them company will continue to pay last rent received by purchaser i.e. of Rs.25000/- per month till the possession is delivered to purchaser. The complainant had conveyed his intent for the refund of the amount he has paid to the OPs but the OPs have not responded to his request i.e. OPs have not repaid even a single penny.  Even the OPs have not provided  any sort of information, rather they have gone into hide. Contentions of the complainant have gone un-rebutted as the OPs instead of contesting the case have preferred not to appear before this Forum. Thus, there is no reason to disbelieve the contentions of the complainant.
9.  The whole purpose of pleadings is to give fair notice to each party of which the opponent’s case is and to ascertain with precision the point(s) on which the parties agree and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made there are deemed to have been admitted. No amount of proof can substitute pleadings, which are the foundation of the claim of the parties. The Opposite parties did not appear before this Forum despite service and presumption of service was raised and it was proceeded against ex-parte. Thus, the evidence adduced by the complainant remains un rebutted . In view of this all the averments made in the complaint are deemed to have been admitted by the opposite parties and an adverse inference is to be drawn against them.
10. In catena of cases, where the complainants/allottes have sought the refund of the amount deposited by them, due to delay in handing over of the possession of the units by the Ops, the Hon’ble National Commission has directed the builders/developers to refund the amount deposited by the allottee/investors/complainant alongwith interest @ 12% per annum. 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 courts, 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.
11.           In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner:

1. To refund the amount of Rs.5,39,240/- to the complainant alongwith interest @12% per annum from the date of deposit till its realization.
2. To pay Rs.15,000/- as compensation for causing mental agony and physical harassment to the complainant.
3. To pay Rs.5,000/- as litigation expenses.
   12. The OPs are further directed to comply the order within a period of 45 days from the date of the receipt of the certified copies 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.
   13.  

ANNOUNCED

DATED:7.11.2019 

                                           B.S.DHALIWAL                  INDERJEET KAUR

                                           MEMBER                              MEMBER