DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 487 of 6.12.2019

                                      Decided on: 13.11.2024

Pushpa aged 70 years, wife of Sh.Isher Dass, R/o H.No.772/1, St. No.7, Near Laxmi Karyana Store, Tafazalpura, 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 SecondarySchool, 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 Pushpa wife of Sh.Isher Dass (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 booked plot of 2000 Sq.feet vide Ref.ID No.10034820 for a consideration of Rs.3,50,000/-. 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 an amount of Rs.1,75,000/- through various receipts i.e. Rs.87,500/-each  on 4.6.2012 and 22.5.2013, vide receipt No.72780 and 148360 respectively.
3. It is further averred that due to marriage of the granddaughter of the complainant,  complainant was unable to deposit further installment and requested the OPs to refund of the amount deposited by her alongwith interest. It is further averred that 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. That thereafter complainant requested the OPs to refund the amount vide letter dated 11.6.2014 sent through speed post but the OPs failed to do so. However, OPs conveyed that they will adjust the amount in some other agreement of some other plot and demanded an affidavit from the complainant, which the complainant issued on 22.8.2014 and the OPs entered into agreement with the complainant through plot ID No.10066060 dated 11.10.2014 with fresh conditions i.e. in case the customer/complainant does not want to retain the land due to some reason at the end of five years then in that case seller will refund double the amount of the paid amount and issued a fresh receipt No.226900 dated 5.9.2014 of Rs.1,75,000/-. It is also averred that the complainant also paid extra amount of Rs.1750/- vide cheque No.639379 dated 23.8.2014 as transfer fee. However, neither the plot was delivered nor refund was issued to the complainant, 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 return double the amount i.e. Rs.3,50,000/-  alongwith future interest @ compounded interest @ 12% per annum;  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 and duly served but none appeared to contest the complaint on behalf of the OPs and the OPs were accordingly 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 i.e.  Ex.C1 copy of agreement, Exs.C2 and C3 copies of receipts, Ex.C4 copy of letter dated 10.4.2014,Ex.C5 copy of postal receipt, Ex.C6 copy of email, Ex.C7 copy of affidavit, Ex.C8 copy of agreement, Ex.C9 receipt, Ex.C10 letter dated 23.8.2014,Ex.C11 postal receipt, Ex.C12 copy of letter dated 11.6.2014,Exs.C13 to Ex.C16 postal receipt and postal certificate,Ex.C17 copy of letter dated 8.5.2014 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.1,75,000/-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 documents Ex.C1&Ex.C8 i.e. copies of Agreement For Sale, issued in the name of Pushpa i.e. the complainant. In the  agreement,Ex.C8 it is mentioned that the total price of the intended property to be sold is fixed at Rs.1,75,000/- and the purchaser has paid the same as full and final payment to the seller. It is also mentioned in the said agreement that ‘in case of customer does not want to retain the land due to some reason and if the seller will not be able to deliver the land at the end of 5 years in that case seller will refund double the amount of the paid amount’. The ld. counsel for the complainant has argued that the OPs did not deliver any plot/property nor refunded the amount to the complainant despite repeated requests made by her. 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 double of the paid amount.
10. In view of the discussion above, we partly allow the complaint and direct the OPs to  refund double the amount of the paid amount’ i.e. Rs.3,50,000/-alongwith interest @ 7% p.a. from w.e.f. 10.10.2019 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 10 Oct. 2019 i.e. after five years from the date of the agreement till realization as per the terms and conditions of the agreement. 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.            
85109252238716.  
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                                              G.S.Nagi                           PUSHVINDER SINGH

                                              Member                          President