DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI).

Rajni Devi wife of Sh. Raj Kumar, aged 46 years, resident of Village and Post Office Matial Khurd via Chadhiar, Tehsil Baijnath, District Kangra, Himachal Pradesh. 

                                                        …Complainant 

Versus

M/s Sehaj Builders, Eden City, Kharar, Office No.285, Near Shivjyot, GTB Nagar, Kharar, Tehsil Kharar and District SAS Nagar (Mohali), 143010 through its Managing Director/ Partner/Proprietor.

…Opposite Party

Complaint under the Consumer Protection Act, 2019

CORAM

                Hon’ble Mr.S.K.Aggarwal, President

                Hon’ble Ms. Paramjeet Kaur, Member  

Present:     Shri Kshitiz Goel, counsel for the complainant.

                OP ex-parte.

ORDER                                           

                The complaint has been filed by the complainant against the Opposite Party (hereinafter referred to as the OP) under the Consumer Protection Act, 2019.    It is averred that the complainant booked a Villa No.108 B on 05.11.2020 measuring 105 Gaj single storey in the project known as Edens City, Kharar. It is alleged that the complainant paid an amount of Rs 3,00,000 as token money out of the total sale consideration of Rs 29.00 lakhs and the rest Rs 26.00 lakhs was to be paid as and when claimed by the OP. The OP at the time of booking, assured the complainant that the unit will be constructed and the possession will be delivered maximum by October, 2020.  However, no work was ever done by the OP on the said project, especially on the unit of complainant. As and when the complainant contacted the OP in this regard, no proper response was given. The complainant also sent a legal notice dated 28.05.2023 for refund of Rs.3,00,000 alongwith interest at 24% p.a and Rs.10,00,000 towards mental agony and harassment. The notice was duly served on the OP

                Consequently, prayer has been made for issuance of direction to the OPs to refund Rs.3.00 lakhs and  pay compensation of Rs.1,50,000/- for mental agony and physical harassment  and litigation expenses of Rs.50,000/- and Rs.10,000/- as costs.

2.             The OP refused to accept the notice sent by this and as such was proceeded against ex-parte vide order dated 09.08.2023

3.            Complainant placed on record her affidavit Ex. CW-1/1 alongwith copies of documents Ex.C-1 to C-5 and closed the evidence.

4.             We have heard learned counsel for the complainant and perused the record.

5.             The complainant paid Rs.3,00,000/- to the OP vide receipt Ex.C-1 for Villa No.108-B measuring 105 sq. yards in the project known as Edens City, Kharar of the OP.. However, no work was ever done by the OP on the said project. The complainant sent legal notice dated 28.05.2023 Ex.C-4 but without any response.  Since the complaint of the complainant is unrebutted, uncontested and is duly supported by an affidavit of the complainant, we have no alternative except to believe the contents of the complaint, which otherwise appear to be cogent and trustworthy.. It is writ large on the file that an amount of Rs.3,00,000 was received by the OP from the complainant in the shape of booking amount as the OP was supposed to provide the unit in question by accepting Rs.29.00 lakhs in total. It is also proved on the file that nothing was done by the OP in this regard despite the fact that it had received an amount of Rs.3,00,000 from the complainant as an advance. The OP has chosen to remain an ex-parte and has not come forward to contest the claim of the complainant. We have no alternative except to believe the averment of the complaint which otherwise appears to be cogent, reliable and trustworthy.

6.             Consequently, keeping in view the entire facts and circumstances of this case, we allow the complaint and direct the OP to refund deposited amount of Rs.3,00,000/- alongwith interest @ 9% per annum from the respective dates of deposit within a period of 30 days from the date of receipt of free certified copy of this order, failing which the amount will carry interest @ 12%  per annum till actual refund.   The OP is further directed to pay an amount of Rs.25,000/- as compensation for mental agony and harassment as well as litigation expenses to the complainant.

7.             The instant complaint could not be disposed of within stipulated period for want of quorum and due to heavy institution.

                Certified copies of this order be sent to the parties free of costs.   File be indexed and consigned to record room.

Pronounced

May 16, 2024

                        (S.K. Aggarwal)

                                                                President

(Ms. Paramjeet Kaur)

Member