Versus
- M/s. Nature Heights Infra Ltd., 9, Sunder Nagri, Abohar, Punjab through its M.D./Directors
- Chief Managing Director Mr. Neeraj Arora
- Managing Director Mr. Gaurav Chhabra
- Neeraj Arora S/o. Satpal Arora, R/o. St. No.14, South Avenue, Abohar, Distt. Fazilka, Chief Managing Director of M/s. Nature Heights Infra Ltd., 9, Sunder Nagri, Abohar, Punjab.
- Gaurav Chhabra S/o. Chaman Lal Chhabra, R/o.2/5, Purani Suraj Nagri, Abohar, Distt. Fazilka, Managing Director of M/s. Nature Heights Infra Ltd., 9, Sunder Nagri, Abohar, Punjab.
Local Address:-
M/s. Nature Heights Infra Ltd., 237, Industrial Area-A, Opposite Daak Ghar, Vijay Nagar, Cheema Chowk, Ludhiana. …..Opposite parties.
Complaint Under Section 35 of Consumer Protection Act.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Satnam Singh, Advocate.
For OPs : Exparte.
ORDER
PER MONIKA BHAGAT, MEMBER
1. Briefly stated, the facts of the case are that the complainant purchased one plot measuring 1500 sq. feet having ID No.10013681 at village Garhi Mansowal, P.S. Garhshankar, District Hoshiarpur from the OPs for a total sale consideration of Rs.3,37,500/- in 72 installments of Rs.5160/- each regarding which an agreement dated 17.05.2012 was written. The complainant stated that at the time of purchase on 16.08.2011, he paid the amount of Rs.5160/- vide receipt No.10369/628702. The complainant also regularly paid 51 installments of Rs.5160/- vide different receipts and in this manner, he paid the total sum of Rs.2,63,160/-. According to the complainant, the said plot was earlier purchased by Mr. Ashok Kumar S/o. Kishan Chand, R/o. VPO Appra, Tehsil Phillaur, Distt. Jalandhar from the OPs on installments and he sold the same to the complainant. The complainant duly paid the installments in cash to said Ashok Kumar, duly paid by him to the OPs till 10.03.2012. As such, the complainant paid Rs.10.125/- vide receipt No.40247 dated 28.03.2012 to the OPs as transfer fee of the said plot. Thereafter, an agreement was written on 17.05.2012 in the name of the complainant. The complainant further stated that later on, he came to know that the OPs are collecting the said installments with malafide intentions and they have played fraud with several persons. Even the OPs have run away by leaving their office and have grabbed the amount of several people. The complainant and other people have moved complaints before the police and an FIR No.46 dated 28.03.2019, U/s. 420/120-B of IPC at P.S. Division No.2, Ludhiana was lodged against the OPs. OP Gaurav Chhabra was arrested by the police and the police assured the complainant and others that the money will be refunded after due process after recovering the same from property of the OPs. However, till date no amount has been refunded to the complainant. In the end, the complainant prayed for issuing directions to the OPs to refund the depositing amount of Rs.2,63,160/- along with compensation of Rs.1,00,000/- and litigation charges of Rs.20,000/-.
2. Upon notice, none appeared on behalf of the OPs despite service and as such, the OPs were proceeded against exparte vide order dated 05.10.2023.
3. In exparte evidence, the complainant tendered his affidavit as Ex. CA and reiterated the averments of the complaint. The complainants also placed on record documents i.e. Ex. C1 is the copy of his Aadhar Card, Ex. C2 is the copy of agreement to sell, Ex. C3 to Ex. C53 are the copies of receipts issued by the OPs, Ex. C54 is the copy of FIR, Ex. C55 is the copy of statement of the complainant before the police, Ex. C56 is the copy of receipt of transfer fee, Ex. C57 is the copy of agreement in the name of Ashok Kumar, Ex. C58 is the copy of affidavit of Ashok Kumar regarding transfer of the plot and closed the evidence.
4. We have heard exparte arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents produced on record by the complainant.
5. It is not disputed that earlier an agreement for sale dated 17.09.2011 Ex. C57 regarding the plot having Reference ID No.10013681 measuring 1500 sq. feet at village Garhi Mansowal, Tehsil Garh Shankar, District Hoshiarpur was entered between the OPs with Sh. Ashok Kumar for a total sale consideration of Rs.3,37,500/- on monthly installment of Rs.5160/- each for six years i.e. in 72 installments. However, the complainant agreed to purchase the said plot from said Ashok Kumar and deposited a sum of Rs.10,125/- as transfer fee vide receipt dated 28.03.2012 Ex. C56. Even said Ashok Kumar submitted an affidavit dated 27.03.2012 Ex. C58 for having no objection for transfer of the plot in name of the complainant. Subsequently, the OPs entered into an agreement for sale dated 17.05.2012 Ex. C2 in name of the complainant with respect to said plot having Plot Ref. ID No.10013681. As per said agreement Ex. C2, the sale deed was to be executed in favour of the purchaser after completion of sale price and after passing of three months period to enable the Company to scrutinize the entire account. Further the actual and physical possession as to be delivered at the spot only on registration of sale deed. The complainant deposited the installment of Rs.5160/- each with the OPs vide receipts Ex. C3 to Ex. C53. However, the OPs fled away by closing their offices in respective places and an FIR No.46 dated 28.03.2019, U/s.420, 120-B IPC Ex. C54 was registered at Police Division No.2, Ludhiana against the OPs on the statement of the complainant as well as other vendees/purchasers. The perusal of FIR Ex. C54 shows that the OPs are habitual offenders of cheating the innocent people by grabbing their money under the garb of carving and selling the residential plots. This amounts to deficiency in service on the part of the OPs. However, the OPs did not choose to contest the case by appearing as well as by filing written statement, affidavit and documents to rebut the case of the complainant. As such, after perusing the documents on record, this Commission is of the view that the complainant is entitled to refund the entire amount deposited by him vide receipts Ex. C3 to Ex. C53 as well as for compensation for deficiency of service and unfair trade practice on the part of the OPs.
6. The provisions of the Consumer Protection Act enable a Consumer to claim and empowers the Commission to redress injustice done to the complainant. The amount of compensation can be determined by taking into facts and circumstances of each case and also mitigating circumstances that may arise in favour of the opposite party as well. Reference can be made to Vidya and others Vs M/s. Parsvnath Developers Ltd. in Civil Appeal No.8985 of 2022 decided by the Hon’ble Supreme Court of India vide order dated 29.07.2024 (Neutral Citation: 2024 INSC 557) whereby the entire deposited amount was ordered to be refunded to the complainants along with interest @12% per annum from the date of respective deposit till the date of refund. In these set of facts and circumstances, it would be just and appropriate if the OPs are directed to refund amount received by the OPs from the complainant vide receipts Ex. C3 to Ex. C53 along with interest @12% per annum from the respective dates of deposit till the date of its actual payment within 30 days from the date of receipt of copy of order. The OPs shall further pay composite cost of Rs.20,000/- to the complainant.
7. As a sequel of above discussion, the complaint is exparte partly allowed with direction to OPs to refund amount received by the OPs from the complainant vide receipts Ex. C3 to Ex. C53 along with interest @12% per annum from the respective dates of deposit till the date of its actual payment within 30 days from the date of receipt of copy of order. The OPs shall further pay a composite cost of Rs.20,000/- (Rupees Twenty Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.
8. Due to huge pendency of cases, the complaint could not be decided within statutory period.
(Monika Bhagat) (Sanjeev Batra) Member President
Announced in Open Commission.
Dated:26.11.2024.
Gobind Ram.
