Chandigarh

DF-I

CC/259/2020

Col. Avtar Singh Chauhan - Complainant(s)

Versus

M/s Sanskriti Home, Sub Diary of M/s Golden Oak Real Estate Pvt. Ltd. - Opp.Party(s)

Amit Kumar Rai

30 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

[1]

                    

Consumer Complaint No.	:	CC/259/2020
Date of Institution	:	10/08/2020
Date of Decision	:	30/01/2023

             

Col. Avtar Singh Chauhan S/o late Sh. Charan Singh flat No.2655 B, MIG Super, Sector 70, Mohali.   

… Complainant

V E R S U S

1.   Ravi Garg Managing Director/Chairperson/Authorized person  of  M/s Sanskriti Home, Sub Diary of M/s Golden Oak Real Estate Pvt. Ltd. SCO No. 78-79, Sector 8-C, Chandigarh Now resident of H. No. 639, Sector 11, Chandigarh.

2.   M/s Golden Oak Real Estate Pvt. Ltd. SCO No. 78-79, Sector 8-C, Chandigarh through Ravi Garg s/o Sh. Ishwar Chander Garg, R/o H. No. 639, Sector 11, Chandigarh.

 

… Opposite Parties

[2]

 

Consumer Complaint No.	:	CC/260/2020
Date of Institution	:	10/08/2020
Date of Decision	:	25/01/2023

             

1.   Mrs. Satnam Kaur w/o col. Avtar Singh Chauhan, S/o late Sh. Charan Singh flat No.2655 B, MIG Super, Sector 70, Mohali. 

…. Complainant

V E R S U S

 

2. Ravi Garg Managing Director/Chairperson/Authorized person  of  M/s Sanskriti Home, Sub Diary of M/s Golden Oak Real Estate Pvt. Ltd. SCO No. 78-79, Sector 8-C, Chandigarh Now resident of H. No. 639, Sector 11, Chandigarh.

 

2.   M/s Golden Oak Real Estate Pvt. Ltd. SCO No. 78-79, Sector 8-C, Chandigarh through Ravi Garg s/o Sh. Ishwar Chander Garg, R/o H. No. 639, Sector 11, Chandigarh.

 

….Opposite Parties

 

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                

 

ARGUED BY	:	Sh. Amit Kumar Rai, Advocate for the complainant.
	:	Sh. Ishan Thakur, Counsel for OPs (OPs already exparte)

Per SURESH KUMAR SARDANA,Member

1.     By this order, we propose to dispose of the captioned consumer complaints in which common questions of law and fact are involved.
2.     The facts, for convenience, have been culled out from Consumer Complaint No.259 of 2020 titled as Col. Avtar Singh Chauhan Vs. Ravi Garg Managing Director/Chairperson/Authorized person  of  M/s Sanskriti Home & anr.
3.     Briefly stated the complainant entered into an agreement with OPs for purchase of a dwelling unit having total price of Rs.21,60,581/. The complainant paid Rs. 21,10,000/- towards the consideration of the unit question. The complainant was allotted  the unit No. SA/FF/T-435 vide allotment letter Annexure C-1 dated 23.5.2016.  It is alleged that despite depositing all due amounts the Ops failed to deliver possession of the above  unit in question to the complainant despite assurance given by the OPs that the same would be delivered within 2 years.  It is pleaded that the agreement was executed on 25.5.2016. It is further alleged that despite receiving money from the complainant no flat was constructed by the OPs and as such no possession was delivered i.e. why the complainant also requested the Ops to cancel the flat but the OPs neither delivered the possession of the flat nor refunded the amount. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainant has filed the instant consumer complaint.    
4.     OPs did not turn up despite service of notice, hence they were proceeded exparte vide order dated 15.7.2021. However, subsequently, the OPs were allowed to join the proceedings through their counsel.
5.     Complainant led evidence in support of his contentions.
6.     We have heard the ld.Counsel for the parties and have perused the entire record. 
7.     It is well evident on record that the complainant was allotted the unit in question vide allotment letter dated 23.5.2016 Annexure C-1. It is further apparent from the allotment letter that the total price of the unit in question was Rs.21,60,581/-.  As per complainant he has already paid Rs.21,10,000/- though the complainant has not annexed all the receipts showing the payment of Rs.21,10,000/-  made towards the unit in question. As per receipts placed on record the complainant has paid Rs.8,60,000/-(in connected consumer complaint No.260 of 2020 receipt of Rs.4,75,000/- have been placed on record).   
8.     The complainant who have paid their hard earned money to have a house, are not supposed to wait indefinitely for possession. The refund of the amount paid with interest has also not been made by the OPs.  The OPs have accepted the money, but failed to honour the commitment/promise made with complainant(s), so they are liable to refund the amount alongwith interest from the respective dates of deposit till payment.
9.     The Hon’ble National Consumer Disputes Redressal Commission, New Delhi in First Appeal bearing No.342 of 2014 titled as “Emaar MGF Land Ltd. & Anr. Vs. Karnail Singh & Ors.”, decided on 25.07.2014 has observed: “The appellants should have given firm date of handing over the possession at the time of taking the booking amount itself.  By not indicating the true picture with regard to their project to the respondents, the appellants induced them to part with their hard earned money, which also amounts to unfair trade practice.”
10.     Further the Hon’ble Supreme Court of India in Civil Appeal No.3533-3534 of 2017 – Fortune Infrastructure vs. Trevor’D Lima, decided on 12.3.2018 has observed: - Moreover, a person cannot be made to wait indefinitely for the possession of the flats allotted to them and they are entitled to seek the refund of the amount paid by them, along with compensation. Although we are aware of the fact no agreement has been placed on record to show delivery period stipulated in the agreement, yet a reasonable time has to be taken into consideration to deliver the possession but till date no possession has been delivered to the complainant after allotting the unit in question.
11.     Also it is observed that the OPs despite being duly served, failed to appear or come forward to contradict the allegations set out in the present complaint by filing written statement despite being duly served, which raised a reasonable presumption that the Opposite Parties have failed to render due service to the complainant and have nothing to contradict meaning thereby that they duly admit the claim of the complainant, thus they are liable to refund the amount received from the complainant alongwith interest.  Since the complainant has not placed on record all receipts to prove his claim, therefore, in our opinion he is entitled to be refunded the amount receipt whereof has been placed on record.

 

12.     In view of the above discussion, both the consumer complaints deserve to succeed and the same are accordingly partly allowed. OPs are directed as under :-

 

RELIEF IN CC/259/2020

1. to refund the deposited amount of Rs.8,60,000/- to the complainant alongwith interest @7% per annum from the respective date(s) of deposit,  till realisation.
2. to pay ₹15,000/- to the complainant as compensation on account of mental agony and physical harassment.
3. to pay ₹10,000/- to the complainant as costs of litigation.

RELIEF IN CC/260/2020

1. to refund the deposited amount of
   Rs.4,75,000/-to the complainant alongwith interest @7% per annum from the respective date(s) of deposit,  till realisation.
2. to pay ₹15,000/- to the complainant as compensation on account of mental agony and physical harassment.
3. to pay ₹10,000/- to the complainant as costs of litigation

13. This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) each above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii)each above.
14. A copy of this order be also placed in aforementioned connected complaint.

4.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

Sd/-

[Pawanjit Singh]

President

Sd/-

[Surjeet Kaur] Member Sd/-

[Suresh Kumar Sardana]

Member