DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 79 of 2016 Date of institution: 08.02.2016 Date of decision : 09.03.2017
Mrs. Geeta Rani daughter of Shri Ram Kishore Gupta, resident of H.No.1430/15, Phase-11, SAS Nagar, Mohali.
……..Complainant
Versus
1. M/s. Nitya Estates Pvt. Ltd., through Samar Ranga & Ashish Sachdeva, Directors, Gulmohar Colony, Handesra Road, Lalru, Tehsil Dera Bassi, District SAS Nagar, Mohali.
2nd Address: M/s. Nitya Estates Pvt. Ltd., SCO 215-17, 3rd Floor, Sector 34-A, Chandigarh.
2. Punjab Empires Pvt. Ltd., SCO 64-65, Sector 17-A, Chandigarh .
………. Opposite Parties
Complaint under Sections 12 of
Consumer Protection Act, 1986.
Quorum
Shri Ajit Pal Singh Rajput, President Ms. Natasha Chopra, Member
Present: Shri S.S. Chauhan, counsel for the complainant.
OPs Ex-parte.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Mrs. Geeta Rani has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The OPs jointly claimed to have carved a most modern colony called ‘Gulmohar Colony’ and offered plots of various sizes for sale to the general public, on the land forming part of land of village Kauli Majra near Lalru. The complainant entered into an agreement to sell with the OP on 18.10.2012 for purchase of plot No.195 measuring 100 sq. yards in the project of the OPs. As per the agreement, the OPs claimed ownership of the land without encumbrances. The total price of the plot was fixed at Rs.8,60,000/-out of which 25% i.e. Rs.2,15,000/- was paid as earnest money by the complainant vide cheque dated 18.10.2012. The sale deed of the plot was to be executed by the OP on or before 09.12.2012. However, the OPs extended the date for execution of sale deed to 15.06.2013. The complainant also arranged a loan of Rs.6,47,789.00 from DHFL on 19.04.2013 by paying process fee of Rs.7,279.00. The complainant met the OPs for execution of the sale deed but the OPs again extended the date for execution of sale deed to 30.04.2014. However, the sale deed was not got executed by the OPs on 30.04.2014. The complainant met the OPs number of times and sought refund of earnest money of Rs.2,15,000/- alongwith interest @ 18% per annum and charges incurred by the complainant for getting the loan sanctioned but the OPs have failed to make the payment despite issuance of legal notice dated 07.08.2015. Hence this complaint for giving directions to the OPs to refund to the complainant Rs.2,15,000/- alongwith compound interest @ 18% per annum w.e.f. 18.10.2012 till date of payment; to pay her Rs.1,00,000/- for physical harassment and mental agony and litigation cost of Rs.33,000/-.
3. Notices sent to OP No.1 on its both addresses received back with the reports that no person or no firm is there on the given addresses. Notice sent to OP No.2 received back with the report of unclaimed. Learned counsel for the complainant could not provide the correct address of the OPs and filed application for service of the OPs through publication. The publication was duly effected in the news paper ‘The Daily Punjabi Tribune’ on 11.07.2016, however, none appeared and accordingly both the OPs were proceeded against ex-parte vide order dated 28.07.2016.
4. In order to prove the case, the complainant tendered in evidence her affidavit Ex. CW-1/1; copies of agreement Ex.C-1; cheque Ex.C-2; loan sanction letter Ex.C-3; legal notice alongwith postal receipt Ex.C-4; computer generated advertisement Ex.C-5; site plan Ex.C-6; newspaper cutting Mark-A and certificate Ex.C-7.
5. The learned counsel for the complainant has argued that despite extension of time for execution of sale deed, the OPs could not get the sale deed of the plot executed in favour of the complainant and ultimately the complainant sought refund of the earnest money alongwith interest which the OPs have failed to pay forcing her to file the present complaint. This act of the OPs amounts to unfair trade practice and deficiency in service for which the complaint deserves to be allowed and the complainant deserves compensation and refund of her deposited amount.
6. After hearing the learned counsel for the complainant and going through the pleadings, evidence and the written as well as oral submissions, it is established from the material placed on record i.e. agreement to sell Ex.C-1 that the complainant has entered into agreement with the OPs for purchase of 100 sq. yard plot No.195 in their project at Lalru. Payment of Rs.2,15,000/- towards earnest money is duly proved from copy of cheque Ex.C-2 which also finds mention in the agreement to sell Ex.C-1. The complainant has also got sanctioned loan from DHFL for payment of the balance sale consideration of the plot to the OPs which fact is evident from document Ex.C-3 i.e. the letter of offer cum acceptance issued by DHFL. When the OPs failed to get the sale deed executed in favour of the complainant despite extension of time, the complainant sought refund which the OPs have failed inspite of issuance of legal notice Ex.C-4.
7. An ample opportunity was given to the OPs to appear in this Forum to contest the complaint but they did not appear despite publication in the newspaper which amounts to admission of the averments of the complaint and that they do not want to say anything in this regard.
8. Accordingly, in view of our aforesaid discussions, we direct the OPs to refund to the complainant Rs.2,15,000/- (Rs. Two lacs fifteen thousand only) alongwith interest @ 9% per annum from the date of deposit i.e. 18.10.2012 till actual refund. The OPs are also directed to pay to the complainant Rs.7,279/- (Rs. Seven Thousand two hundred seventy nine only) which she has paid to the DHFL as loan processing charges; and further to pay to the complainant Rs.25,000/- (Rs. Twenty Five Thousand only) for mental agony, harassment and Rs.10,000/- (Rs. Ten thousand only) towards costs of litigation. The present complaint stands allowed accordingly.
The OPs are further directed to comply with the order of this Forum within 45 days from the date of receipt of this order failing which the amount of compensation shall carry interest @ 9% per annum from the date of decision till actual payment.
The arguments on the complaint were heard on 28.02.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 09.03.2017
(A.P.S.Rajput) President
(Mrs. Natasha Chopra)
Member
