Punjab

Fatehgarh Sahib

RBT/CC/1075/2018

Pawan Kumar - Complainant(s)

Versus

M/s Sky Rock City Welfare Society - Opp.Party(s)

P.P.Singh

07 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                    RBT/CC/1075/2018

Complaint No. 1075 of 2018

                                                                   Date of Institution:18.10.2018

                                                                   Date of Decision: 07.12.2021

Pawan  Kumar, S/o Late Sh. Punnu Ram, R/o H. No. 5244-B, 38 West , Chandigarh.  

                                                                                       …………....Complainant

                                                Versus

1. M/s Sky Rock City Welfare Society (Regd) , Banur Road, Back side C.G>C. College, Landran, Sec 111-112, Mohali, Punjab, through its President/Authorized Signatory.

 

2. M/s Sky Rock City Welfare Society (Regd) SAS Nagar Mohali through its President Navjeet Singh, President, Sky Rock City Welfare Society, SCO No.672, First Floor, Sec 70, SAS Nagar Mohali, through its President.

..………....... Opposite Parties

Complaint under Section 11/14 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Sh. Manjit Singh Bhinder, Member

Ms. Shivani Bhargava, Member

 

Present: Sh. P. P. Singh Adv, counsel for the Complainant.

      Sh. P.S.Walia Adv, counsel for the OPs

Order By

Pushvinder Singh, President

 

1.                 The present complaint has been filed by the complainant against the OPs (other parties), with a prayer to direct the OPs to return the amount paid by him along with interest, cost and compensation.
2.                   The complainant has alleged that complainant is a member of the Sky Rock City Welfare Society Mohali, she availed the housing services of the OP for allotment of a plot. The complainant had purchased this plot for his own family residence purpose. The plot was not purchased for commercial purpose or for resale purpose. Thus, the complainant is a consumer of OP as per section 2(1)(d) of CP Act. In the year 2009-10 society had launched a scheme of housing by giving plot to its members. The complainant had also applied vide his application form dated 12.08.2011 along with payment of Rs.5000/- which is enclosed himewith as Ex. C-1 and she became a member of OP society.
3.                     The complainant after enrolment of him membership booked one 200 Sq. yards plot with OP society of Rs.6900/- per Sq. yard. The complainant was informed that plot would cost him Rs.13,80,000/-. The society would hand-over the possession of the plot within two year from the date of registration. At the time of booking of plot complainant was allured by the Manger of OP who represented to the complainant that OP had all the necessary permissions of Punjab Govt/GMADA to launch the project. He even agreed to arrange bank loan. He tried every means to get money from the complainant. 
4.                     It is further mention that up to date, the complainant has paid Rs.4,14,000/- to the opposite party i.e. Cheque No.564667 dated 12.08.2011 of amount Rs.1,00,000/-, Cheque No.919510 dated 12.08.2011 of amount Rs.40,000/-, Cheque No.117051 dated 14.06.2012 of amount Rs.94000/-, Cheque No.117052 dated 14.06.2012 of amount Rs.90000/-,  Cheque No.56467 dated 19.06.2012 of amount Rs.90000/-.  It is clear from the above that Rs.4,14,000/- has been paid to OP society. The complainant had made all the payments well on time as demanded by the society from time to time. However, OP failed in keep its promise to handover the possession of the plot within the stipulated period of 2 year. Since it is a gross breach of terms of allotment letter as such the complainant asked for cancellation of allotment and she be refunded the amount of Rs.4,14,000/- but nothing was done by OP in this regard.
5.                       It has also come to the knowledge of the complainant from the official website of GMADA that the License of OP had been cancelled by the Punjab Govt. and GMADA. Thus, they are not in a position to go ahead with development activities in the area. It is mentioned hime that licence No.LDC-18/2014 was issued to OP. This license was obtained by the OP-Society from GMADA under PAPRA Act, 1995 for developing the land as residential colony. It has come to the knowledge from the public notice in a newspaper that the license of the OP-Developer has been cancelled by the GMADA on 07.05.2018. Even the condition for possession of plot by the OPs was two years from the date of registration i.e. 12.08.2011, the OPs were required to deliver the possession of the plot to the complainant by 12.08.2013. Since the OPs have failed to deliver the possession, thus, the complainant is entitled to receive refund of the amount along with interest @18% per annum. The OPs have indulged in unfair trade practice and deficiency of service. It was a condition stipulated that the physical possession of the plot would be handed over not later than three years of the registration. The registration of the complainant was done on 12.08.2011. Thus, the delivery of the plot was to be made by 12.08.2013 and accordingly the OPs have failed to deliver the possession even after the expiry of stipulated period i.e. 12.08.2013, which has resulted in deficiency in service on the part of the OPs.
6.                        The complainant has made a prayer that the OP may be directed to cancel the booked plot and may directed to refund Rs.4,14,000/- the money of complainant along with 12% interest on the deposit till the date of refund. Complainant also prayed that OP may burdened with cost of Rs.2,00,000/- on account of deficiency in service, mental agony, physical harassment and Rs.35,000/- for litigation expenses.
7.               Notice of this complaint was given to the OPs and Sh. P.W. Walia advocate appeared for OP No.1 and 2. It was also found that Sh. Navneet Singh President of Sky Rock City Welfare Society was in jail in criminal cases and he was also summoned by issuing Production Warrant. Sh. P.S. Walia, Adv, counsel appeared for OPs and filed written statement on behalf of OPs stating that the present complaint is not maintainable as the complainant has concealed the material facts from the Hon’ble Commission and moreover the complainant has not performed his part of the contract entered with the society i.e. OP no.1 and complainant has not sought the relief of possession. As per terms and conditions entered upon by the complainant with OP No.1 the complainant was required to make the installments as per the schedule referred in Ex.D.1 but the complainant had failed to comply with the terms and conditions and has defaulted the payments and has withheld the said fact from this Hon’ble Commission. The payment receipts attached with the complaint are forged and fabricated one in connivance with other competitor of OP No.1 with a view to damage the reputation and the project of OP No.1 & 2.

Even OP no.1 and 2 are ready to hand over the possession of the plot/flat booked by the complainant, if the complainant is ready to make the remaining balance consideration amount as per the contract/agreement entered upon towards the purchase of plot/flat. The possession was to be handed over to the members when the terms and conditions were fulfilled and complete payment was to be made as per the schedule. But the complainant has not complied with the same due to which possession was not delivered and moreover repeated demands were made to the complainant from OP No.1 through various communications, but the complainant failed to comply with the same.  So the OPs denied all other allegations of the complaint and prayed for dismissal of complaint.

8.                     The complainant has proved in evidence his affidavit in support of the complaint and also produced copy of an application from for membership as Ex.C-1, copy of receipts of cheques, letter written to complainant for demanding remaining amount as Ex.C-4 , copy of public notice published in the newspaper as Ex.C-5.
9.                  The complainant by way of affidavit produced in support of complaint has reiterated the facts contained in the complaint and has also deposed and proves the copies of receipts as Ex.C-1 and copies of payment receipts which he deposited a total sum of Rs.4,14,000/- + Rs.5000/-(Registration/membership fee)= Rs.4,19,000/- as a price of plot. But the possession of plot was never given to the complainant. Even we find that thime are number of complaints pending against the OP no.1 and 2 and number of complaints have already been decided against them and they have been directed to return the amounts paid by the members of the society which were received by OP no.2 Navneet Singh with the assurance to provide a plot but the OPs no.1 and 2 never developed any residential colony. The copy of public notice issued by the GMADA is Ex.C-5 on the file which clearly shows that the OPs no.1 and 2 failed to give any plot to the purchaser and received the money and even the license which was given by GMADA to the OPs no.1 and 2 for the development of residential colony was valid only up to 05.05.2017 and the OPs failed to get the license renewed in time after rectifying the deficiencies conveyed by GMADA from time to time. The OPs no.1 and 2 also did not deposit the dues on account ADC, license fee etc. with GMADA and as such the license of OPs no.1 and 2 was cancelled by the competent authority vide order dated 02.05.2018.
10.                    Accordingly, we find that the OPs no.1 and 2 made false representation of the facts about the goods and services i.e. allotment of plot and delivery of possession in the stipulated period. The act and conduct of OPs no.1 and 2 is a clear case of misrepresentation and dissection which resulted in the injury and loss of opportunity to the complaint. The builder is under the obligation to deliver the possession of plot within a reasonable period. The complainant cannot be said to wait indefinitely to get possession of the plot booked from the facts and evidence brought on record of the complaint it is clearly made out that OPs no.1 and 2 knew from very beginning that they have not complied with the provision of PAPRA(Punjab Apartment and Property Regulation Act & Rules) and would not be able to deliver possession within the stipulated period, thus by misrepresentation in dues to the complainant to book the plot, due to which the complainant has suffered mental agony and harassment. In these circumstances the complainant is entitled to refund of the amount deposited by him along with interest and suitable compensation.
11.                    As per Rule 17 of the “Punjab Apartment and Property Regulation Rules, 1995, framed under Section 45 of PAPRA, it has been provided as under:-

              “17. Rate of interest on refund of advance money upon cancellation of agreement. -The promoter shall refund full amount collected from the prospective buyers under sub section (1) of Section 6 togethim with interest thimeon at the rate of 12% annum payable from the date of receipt of amount so collected till the date of re-payment. :"

12.                   As a result of our aforementioned discussion, we accept the complaint of complainant and the OPs no.1 and 2 are directed to refund the amount of Rs.4,19,000/- to the complainant along with interest @12% from the date of payment till the date of refund. The OPs no.1 and 2 are also directed to pay a sum of Rs.25,000/- as litigation expenses. The compliance of this order be made by the OPs no.1 and 2 within a period of 45 days on receipt of certified copy of this order. The copy of this order be sent to Navneet Singh President, Sky Rock City Welfare Society (Regd.) through District Jail Ropar, where OP no.2 is in custody. The file be return back to the District Consumer Commission, Mohali for consignment.

Announced: 07.12.2021

RDS                                           

                                                                             (Pushvinder Singh)

                                                                              President

 

(Shivani Bhargava)

                                                                              Member

                                                                            

(Manjit Singh Bhinder)

                                                                              Member