DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.632 of 2018
Date of institution: 18.06.2018
Date of decision : 08.04.2019
Aadarsh Mohan Sharma son of Shri R.N. Sharma, resident of House No.1338, Sector 50-B, Chandigarh.
…….Complainant
Versus
1. M/s. Sky Rock City through its President/Managing Director Mr. Navdeep Singh, SCO No.2, 1st Floor, Phase-2, SAS Nagar (Mohali) Punjab.
2. Mr. Navdeep Singh, President/Managing Director, Sky Rock City Society, SCO No.2, 1st Floor, Phase-2, SAS Nagar (Mohali) Punjab to be served through Jail Superintendent,
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member
Present: Shri Ashish Sharma, counsel for the complainant.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant, on allurement of OPs got booked plot having area of 150 sq. yards in the project of OPs at Mullanpur namely Sky Rock City Welfare Society. Price of the plot was Rs.8,500/- per sq. yard. Membership fee of Rs.10,000/- was deposited by complainant with OP society on 20.10.2011 and thereafter amount of Rs.1,27,500/- more paid on 17.05.2012 through cheque drawn at Punjab National Bank. After receipt of Rs.1,37,500/-, OPs issued provisional allotment letter in the name of complainant on 20.01.2015 by allotting plot No.938 in Part-II, Sky Rock City, Mullanpur. Possession was to be handed over by OPs to complainant within 36 months from the date of allotment i.e. by 20.01.2018. However, after expiry of this period of 20.01.2018, when complainant visited office of OPs, then he was shocked to see that no development or progress of the project undertaken by OPs. Rather the office of OPs was lying locked. OPs cheated the complainant. Despite issue of legal notice, neither possession handed over and nor the paid amount refunded. Rather Navjeet Singh, President of the society is confined in District Jail, Ropar. By claiming that OPs adopted unfair trade practice, this complaint filed for seeking possession of plot No.938 referred above, but on payment of balance amount by complainant to OPs. In the alternative, it is claimed that OPs may be directed to return back the received amount of Rs.1,37,500/- with interest @ 18% per annum from the dates of payment till actual refund. Compensation for mental agony and harassment of Rs.2.50 lakhs and litigation expenses of Rs.25,000/- more claimed.
2. Though earlier OPs appeared through counsel, but later on none turned up for them and as such OPs were proceeded against ex-parte.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-5 and thereafter his counsel closed evidence.
4. Written arguments not submitted. Oral arguments heard and record gone through.
5. Membership fee of Rs.10,000/- was deposited by complainant with OP No.1 society is a fact established by document Ex.C-1, which is a receipt. Besides, receipt Ex.C-2 establishes as if complainant paid Rs.1,27,500/- more to OPs on 27.11.2011. Provisional allotment letter Ex.C-3 was issued in favour of complainant by agreeing to handover possession within 36 months from the date of allotment. Despite this allotment and lapse of period of 36 months, possession has not been handed over and that is why legal notices Ex.C-4 and Ex.C-5 sent by complainant to OPs through counsel. Complainant on enquiry and after visiting spot found as if no development work carried on the spot and as such OPs adopted unfair trade practice by alluring complainant to handover possession within stipulated period, but thereafter adopted unfair trade practice by not developing the site. Acceptance of sale consideration of the plot after making false promise of delivery of possession, amounts to unfair trade practice and as such certainly complainant entitled for refund of paid amount with interest @ 12% per annum from the dates of deposits till payment in view of law laid down by Hon’ble State Consumer Disputes Redressal Commission Punjab in CC No.716, 789, 835 etc. of 2017 titled as Mangal Singh Kondal & others Vs. Bajwa Developer & Another and First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another, decided on 30.07.2018.
6. As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.1,37,500/- (Rs. One Lakh Thirty Seven Thousand Five Hundred only) with interest @ 12% per annum from the dates of deposits till payment. Compensation for mental harassment and agony of Rs.25,000/- (Rs. Twenty Five Thousand only) and litigation expenses of Rs.5,000/- (Rs. Five Thousand only) more allowed in favour of complainant and against the OPs. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
April 08, 2019
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
