DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 385 of 3.10.2018

                                      Decided on:                    18.7.2019

Vijay Kumar son of Dev Raj R/o H.No.426, Ward No.1, Patran, District Patiala.

                                                                   …………...Complainant

                                      Versus

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

2.       M/s Nature Heights Infra Ltd. having its branch office at SCO No.134, First Floor, Chhoti  Baradari, 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:

                                      Smt.Baljit Kaur, Advocate, Counsel for complainant.

                                      Opposite Parties Ex-parte.     

 ORDER

                                    B.S.DHALIWAL, MEMBER

1. Vijay Kumar (hereinafter referred to as the complainant) 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 in the month of June , 2012, duly authorized agent/representative of the OPs approached the complainant with an offer that the OPs are well known colonizers and deals in the business of construction of flats as well as colonies. He further told the complainant that the said company is going go carve out a new residential colony at village Bringli, Tehsil Mukerian District Hoshiarpur at cheaper rates. The agent further informed the complainant that the said colony will  be duly approved from the Govt. and the opposite parties will provide all the world class modern amenities. The company has given the offer to sell the spot of 1500 sq.feet for  Rs.262500/- and he further said that the above said amount shall be payable in equal installments for 4 years payable on or before yearly of Rs.65625/- each. Complainant under the allurement of the said offer, booked the said plot.
3. It is contended that thereafter the complainant approached the said agent number of times for the issuance of offer letter alongwith registration letter and agreement for sale, in which the plot size, khasra numbers and location of nature of height’s projected is mentioned but no registration letter and agreement for sale was issued. But later on  with lot of persuasion by complainant, the above said agent handed over a photocopy of agreement for sale dated 4.10.2012 vide plot Ref.ID No.10035251 . After going through the agreement of sale, the complainant came to know about the  terms and conditions of the contract and some of the conditions are as under:-

1. 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 5years in that case seller will refund double the amount of the paid amount.
2. That if the purchaser wants to resale during this period, it can be done with prior permission of the vendor subject to payment of 3% to total plot sale value in lump sum as usual charges of documentation etc. as payable to Govt. agencies. The said charges will bear by both parties, 1.50% by buyer and 1.50% by seller.

4. It is also contended that the complainant had deposited Rs.65,625/- with the OPs vide receipt No.192933 dated 25.12.2013.As per the offer letter, the OPs were bound to refund the amount as the complainant does not want to get the sale deed registered. The complainant had no knowledge about the  terms and conditions of the agreement as no copy of the said documents were handed over to the complainant, even though he insisted on it for long and had been approaching the OPs in one way or the other but they always put off the matter on one pretext or the other .
5. It is also averred that the complainant approached the OPs and requested them to refund the amount alongwith interest and they promised to return the amount at that time and they executed another agreement on 10.2.2014 of plot measuring 4728 sq.feet situated at village Khedi Devnala, Tehsil Multai, Distt. Betul (M.P.) and thereafter the OPs executed an agreement for sale vide plot ref.ID No.10063167 dated 10.2.2014 and in the said agreement there is a condition that “in the case of Customer does not want to retain the land due to some reason and if   the vendor will not be able to deliver the land at the end of 5 years, in that case vendor will refund double of the amount the paid amount”.
6. It is further contended that the complainant approached the OPs and even tried to contact on telephone about the refund of the amount, but the OPs informed the complainant that the company has not yet got the approval of the Govt. and as when the approval and other formalities were completed they will release the double amount of the complainant. Later on, the complainant from various news articles  published in newspaper 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 particulars as of now. On coming to know the said fact, the complainant visited the proposed site and was shocked to know that there is no construction/demarcation of the plots in the said land. The land is empty and even there is no boundary wall of the said land. The OPs with ulterior motive through their agents  allured the innocent general public at large and have collected hundred of crores of rupees under the garb of selling plots in the said colonies and none of the person was provided plot or refund the money to them till today. After coming to know about all the facts of unfair trade practice adopted by the OPs, complainant immediately approached the office of the OPs and asked them to refund his complete amount alongwith interest as per agreements for sale but the OPs failed to do so and rather asked the complainant to deposit the remaining amount, which is totally illegal, wrong and is against the spirit of the above said agreements of sale and natural laws of justice. The OPs have violated the terms and conditions of the said agreements for sale, because as per the offer letter they were bound to repay the double  of the amount to the complainant and till today no amount is returned to the complainant. Even the colony has not been approved from the Govt. authorities.
7. It is further averred that the complainant does not want to continue to be invested in the said scheme of the OPs.The complainant invested his hard earned money under false allurement of the agent of the opposite party with the hope that he will refund the money to the complainant but the OPs have not paid anything nor any plot has been given and as such by this act and conduct of the opposite parties, the complainant has suffered a lot of mental agony and harassment at the hands of the OPs.
8. By this complaint, the complainant has prayed:

1. To refund the double of the deposited amount i.e. Rs.65,625/- alongwith interest @ 18% per annum.
2. To pay Rs.50,000/- as compensation on account of unfair trade practice.
3. To pay Rs.10000/- as litigation expenses.

9.  On notice, the OPs failed to come present despite service and was accordingly proceeded against ex-parte.
10. 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, copy  of receipt, Ex.C2,copy of affidavit,Ex.C3, copy of agreement for sale,Ex.C4 and copy of application form, Ex.C5 and closed the evidence..
11. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
12. The ld. counsel for the complainant has submitted that on the allurement of the agents of the OPs, complainant booked a plot of 1500 sq. feet and paid Rs.65625/- on 25.12.2013  and upon consistent persuasion, OPs provided copy of agreement to sell. The complainant approached the OPs to provide the complete documents containing various terms and conditions but the OPs kept on lingering the issue on one pretext of the other and the complainant became suspicious of OPs offer of providing him the plot in question, therefore, complainant asked for refund and release of double amount as agreed upon in the agreement of sale but the OPs made lame excuses . In the mean while complainant also came to know that the OPs have collected huge amount from the innocent people on the pretext to provide the plots which amounts to unfair trade practice. Therefore, OPs be directed to refund the amount already lying deposited with them alongwith interest @18% per annum.
13. The perusal of agreement to sell Ex.C1, clearly reveals that the complainant booked a plot with OPs. It is in-corporated in the terms and conditions of agreement that in case the customer does not want to retain the land due to some reason and if the seller will not 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 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 panee.  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.
14.  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. Since no reply had been filed therefore the offer of discount has not been controverted.
15. While analyzing the receipt,Ex.C2, it is evident that the complainant had paid a  sum of Rs.65625/-on 25.12.2013. Since the OPs have failed to abide by the contract entered into with the complainant, therefore, they are liable to refund the amount to the complainant lying deposited with the alongwith interest.
16. 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.
17.           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.65625/- 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.
   18. The OPs are further directed to comply with 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.

   19. The complaint could not be decided within statutory period due to heavy pendency of cases.

ANNOUNCED

DATED:18.7.2019

                                           B.S.DHALIWAL                  INDERJEET KAUR

                                           MEMBER                              MEMBER