BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.128 of 2015
Date of institution: 20.03.2015
Date of Decision: 15.09.2015
Savneet Kaur wife of Gurcharan Singh, daughter of Sharanjit Singh, resident of House No.216, Phase-XI, Sector 65, SAS Nagar through his father and duly appointed attorney Sharanjit Singh s/o Gurmiet Singh, resident of House No.216, Phase-XI, Sector 65, SAS Nagar.
……..Complainant
Versus
The President, Sky Rock City, Sky Rock City Cooperative Housing Building Society, c/o Mohali Land Developers, SCO No.668, Top Floor, Sector 70, Mohali.
2nd Address:
The President, Sky Rock City, Sky Rock City Cooperative Housing Building Society, Sector 111-112, Back side of CGC College.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Shri Amrinder Singh Sidhu, Member
Mrs. R.K. Aulakh, Member.
Present: Shri S.K. Bhatti, counsel for the complainant.
Opposite Party exparte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint through her father who is her duly appointed attorney, seeking following direction to the Opposite Party (for short ‘the OP’) to:
(a) refund her Rs.1,37,500/- with interest @ 8% per annum from the date of receipt till filing of the complaint and to pay her future interest @ 18% per annum on Rs.1,37,500/- and interest so worked out @ 8% per annum from November 2011 till the filing of the complaint.
(b) pay her Rs.2,00,000/- as damages for harassment, stress strain and mental agony.
(c) pay her litigation charges to the tune of Rs.20,000/-.
The case of the complainant is that she became member of the OP by paying Rs.10,000/- vide receipt dated 20.10.2011. The complainant applied for allotment of 100 sq. yard plot @ Rs.8,500/- per sq. yard vide application dated 20.10.2011. As per the terms and conditions of the allotment, the complainant was to make the payment of Rs.1,27,500/- as installment towards 15% of the allotment price of the plot which the complainant deposited vide cheque dated 10.02.2012 vide receipt dated 24.10.2011. As per terms and conditions of the allotment if the complainant does not want to continue with the allotment after paying installment, he/she will be refunded the amount alongwith interest @ 8% per annum after three years from the date of registration. The complainant came to know that the OP was not allotted land for its onward allotment to the members and there is no possibility of allotment of any plot to any member of the OP. Hence vide letter dated 04.03.2013 the complainant requested the OP for refund of the amount deposited by her followed by letter dated 01.08.2014 written by father of the complainant. The complainant also sent legal notice dated 02.12.2014 in this regard but neither any reply was given nor refund was made to the complainant. Non refund of the deposited amount is an act of deficiency in service and unfair trade practice on its part. With these allegations the complainant has filed the present complaint.
2. After admission of the complaint, notice was sent to the OP. Shri Himanshu, Advocate accepted the notice on behalf of the OP and filed memo of appearance on 11.05.2015 and the case was adjourned to 15.06.2015 for filing POA/reply by the OPs. POA/reply was not filed on 15.06.2015 and the complaint was adjourned to 22.06.2015. On 22.06.2015 none appeared for the OP and thus the OP was proceeded against exparte vide order dated 22.06.2015.
3. To succeed in the complaint, the complainant proved on record affidavit Ex.CW-1/1 and tendered in evidence documents Ex.C-1 to C-9.
4. We have heard learned counsel for the complainant and have also gone through the written arguments.
5. The complainant alleged in the complaint that the OP has launched a new scheme for providing plots in Part-II Mullanpur. The complainant booked one plot measuring 100 sq. yards @ Rs.8,500/- per sq. yard and paid Rs.5,000/- as membership fee and Rs.5,000/- as booking amount on 20.10.2011 vide Ex.C-1. It was mentioned on the backside of the receipt Ex.C-1 as per clause-4 that physical possession of the plot will be handed over not later than three years of the registration/requisition and as such the physical possession of the plot was to be given upto 19.10.2014. The complainant was asked to fill up the application by the OPs and she did accordingly filled the application dated 10.03.2012 Ex.C-2. The complainant has been provided with the terms and conditions of allotment vide Ex.C-3 by the OP. A further sum of Rs.1,27,500/- was paid by the complainant vide cheque dated 10.02.2012 Ex.C-4 and the OP has issued receipt thereof on 27.10.2014 Ex.C-5. The complainant contacted the OP number of times to know the development of the plot and when she would be getting physical possession, but no intimation was supplied by the OP to that effect. As per Clause-3 of the terms of conditions mentioned on overleaf of the receipt Ex.C-1 the complainant shown her disinterest to carry on the scheme with the OP and vide request letter dated 04.03.2013 asked the OP to refund the deposited money alongwith interest. The said request letter Ex.C-6 though has been acknowledged by the OP but has not been responded. After waiting for almost one year, the complainant again moved an application dated 01.08.2014 Ex.C-7 reiterating her request to refund the deposited amount alongwith interest. The said application has been duly received and acknowledged by the OP as is evident from the receipt appended on the body of Ex.C-7 by the OP with signatures and date. Despite having received the request letter dated 04.03.2013 and 01.08.2014 the OP has failed to honour the obligation as per Clause-3 of Ex.C-1 and, therefore, the OP has indulged into unfair trade practice. The complainant has proved her grievance and contentions raised in the complaint on the basis of documents Ex.C-1 to C-7.
6. It is pertinent to note that the OP is a cooperative house building society, as is clear from the documents proved on record by the complainant herself. As per receipt Ex.C-1 dated 20.10.2011, the complainant deposited Rs.10,000/-, out of which Rs.5,000/- as membership fee and Rs.5,000/- as booking amount for 100 sq. yard plot @ Rs.8,500/- per sq. yard as the land cost. It was only thereafter that she filled up the application form Ex.C-2 for membership on 10.02.2012 for becoming member of the OP. After she applied for that membership, agreement Ex.C-3 was entered into between the parties on 10.02.2012. As per this agreement, the complainant has purchased a plot of 100 sq. yard @ Rs.8,500/- per sq. yard from the OP on the terms and conditions mentioned therein. The price of the plot was to be paid in various installments i.e. first installment @ 10%, second installment @ 15%, 3rd installment @ 25%, 4th installment @ 25%, 6th installment @ 15% and 10% at the time of possession. It was also mentioned in the agreement that if the complainant did not want to continue even after paying some installments, she would be refunded the entire amount paid with 8% interest per annum within three years from the date of registration. On 04.03.2013 demand letter Ex.C-6 was sent to the OP vide which she has asked to refund the deposited amount of Rs.1,37,500/-. The said letter has been followed by reminder dated 01.08.2014 duly received and acknowledged by the OP and still the OP has failed to honour its obligation arising out of the terms and conditions originally agreed upon by it and contained in receipt Ex.C-1 which was issued by the OP at the time the complainant applied for allotment of the plot. The complainant has rightly exercised her right to withdraw from the scheme and sought refund of the deposited amount whereas the OP did not abide by the agreed terms of giving the refund of the deposited amount, once sought by the complainant. The complainant is entitled to get the refund of the entire deposited amount at the prevailing rate of interest after three years from the date of registration as per terms and conditions mentioned in Ex.C-1. The date of registration as per Ex.C-1 is 20.10.2011 and the complainant sought the refund on 04.03.2013. The three years period from the date of registration for seeking such refund has already lapsed on 19.10.2014 and during the said period despite having received the request dated 04.03.2013 followed reminder dated 01.08.2014 the OP has not refunded the deposited amount. Thus, non refund of the deposited amount of Rs.1,37,500/- on the part of the OP, is a clear cut violation of the agreed terms of Clause-3 of Ex.C-1. Therefore, the complainant has suffered financial loss and mental agony for which the complaint deserves to be allowed and the complainant deserves to be compensated due to the acts of omission on the part of the OP.
7. In view of above discussion, the complaint is allowed and the OP is directed as under:
- to refund to the complainant Rs.1,37,500/- (Rs. One lac thirty seven thousand five hundred only) with interest thereon @ 8% per annum w.e.f. 20.10.2014 till actual refund.
- to pay to the complainant a lump sum compensation of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony, harassment and costs of litigation.
Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
September 15, 2015.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
