DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.532 of 2018
Date of institution: 15.05.2018 Date of decision : 11.06.2019
Ms. Renu Bala wife of Rakesh Sharda, resident of House No.225, Sector 46-A, 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, SCO No.2, 1st Floor, Phase-2, SAS Nagar (Mohali), Punjab to be served through Jail Superintendent, Central Jail, Ropar, Punjab.
……..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 complainant.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
After being convinced on assurances of OP No.1 and 2, complainant became member of OP No.1 society by depositing Rs.10,000/- as membership fee on 20.10.2011. 100 sq. yards of unit was allotted to complainant @ Rs.8,500/- per sq. yard in the project at Mullanpur known as Sky Rock City Welfare Society. Amount of Rs.85,000/- was paid by complainant to OPs in lieu of unit cost through cheque dated 16.05.2012 drawn at State Bank of Patiala. Thereafter, another amount of Rs.1,70,000/- paid by complainant to OPs vide cheque dated 03.08.2012 drawn at HDFC Bank. Receipts regarding these payments were issued by OPs in favour of complainant. As per Clause-13 of provisional allotment letter, OPs were to handover possession of the plot within 36 months from the date of allotment, but same has not been handed over till date. After expiry of prescribed period of 36 months i.e. 10.11.2017, complainant after visiting site found as if no development activity carried on the spot, but offices of OPs were lying locked. By claiming that OPs cheated complainant and after serving legal notice dated 15.12.2017, this complaint filed for seeking vacant peaceful possession of plot No.G-3/1123 in Part-II Sky Rock City, Mohali on balance payment of Rs.5,95,000/- by complainant to OPs. Compensation for mental harassment and agony of Rs.1.00 lakh and litigation expenses of Rs.20,000/- more claimed. In the alternative, refund of Rs.2,65,000/- with interest @ 18% per annum from the dates of payment till actual refund sought alongwith compensation for mental and physical harassment of Rs.3.00 lakhs and litigation expenses of Rs.20,000/-.
2. Earlier Shri Supreme Bachhal, Advocate filed memo of appearance for OPs, but thereafter none turned up for OPs and as such OPs were proceeded against ex-parte.
3. Complainant to prove her case tendered in evidence her affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-4 and thereafter her counsel closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Perusal of receipt Ex.C-1 shows as if amount of Rs.10,000/- was deposited by complainant with OPs on 20.10.2011, but perusal of two receipts Ex.C-2 of amounts of Rs.85,000/- and of Rs.1,70,000/- shows as if these amounts were deposited on 26.11.2011 and 24.01.2012 by complainant with OPs. So certainly these documents establish that complainant after becoming member of OP No.1 society deposited Rs.2,65,000/- in all including membership fee. Complainant was allotted plot No.G-3/1123 through provisional allotment letter Ex.C-3 with assurance that efforts will be made to handover possession of plot within 36 months from the date of allotment subject to force majeure circumstances. Reference to Clause-13 of provisional allotment letter Ex.C-3 can specifically be made in this respect. This allotment letter is undated and as such submission advanced by counsel for complainant has force that actually possession was to be delivered by OPs to complainant by 10.11.2017. However, no construction work carried on the spot and nor any development activity carried on the spot and as such complainant had to serve legal notice Ex.C-4 through counsel for calling upon OPs to refund the paid amount. As OPs gave false assurances to complainant to hand over possession, but without intention of fulfilling those obligations, and as such certainly OPs adopted unfair trade practice. Being so, complainant entitled to refund of entire deposited amount with interest @ 12% per annum from the dates of deposits till realisation, more so when amounts accepted by OPs without getting requisite approvals/sanctions. Entitlement of complainant to interest @ 12% per annum is 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 by directing OPs to refund the received amount of Rs.2,65,000/- (Rs. Two Lakhs Sixty Five Thousand only) with interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment 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 OPs. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
June 11, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
