Punjab

Fatehgarh Sahib

RBT/CC/1080/2018

Pawan Dev Kashyap - Complainant(s)

Versus

M/s The Sky Rock Welfare Soceity - Opp.Party(s)

Mohan Singh Bedi

22 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                   RBT/CC/1080/2018

Complaint No. 1080 of 2018

                                                                   Date of Institution: 22.10.2018

                                                                   Date of Decision:    13.12.2021

Pawan Dev Kashyap S/o Shri Mansa Ram, R/o Ho No.2042, Sec 40-C, Chandigarh.    

                                                                                      …………....Complainant

                                                Versus

1. M/s Sky Rock City Welfare Society (Regd) SAS Nagar Mohali through its president Navjeet Singh, President, Sky Rock City Welfare Society, SCO No.26, First Floor, Phase 2 SAS Nagar Mohali,

 

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 12 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Sh. Manjit Singh Bhinder, Member

 

Present: Sh. M.S. Bedi counsel for the Complainant.

Sh.P.S. Walia  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 the OPs had advertised a housing project under the name and style of Sky Rock City, Sec 110-111-112 its registered office at SCO No.2, First Floor, Phase-2, Mohali, allured by the advertisements and tall claims made by the OPs, the complainant went and had a discussions with the OPs in their office where he was assured that it will be a world class project with all amenities and the plots would be handed over to the complainant within three years from the date of registration.
3.                   Accordingly, the complainant paid a sum of Rs.5,000/- vide receipt No.327 dated 20.07.2011 which was adjusted towards membership charges. The complainant had agreed to purchase 100 Sq. yard plot @Rs.7500/- per Sq. yard. Complainant has paid following amounts on different dates as demanded by the OPs: -

 

4.                     The OPs issued share certificate no.PA12221 dated09.06.2011 to the complainant as Ex.C-2.  On 18.10.2013complainant enquired about the allotment of the plot to him. But neither plot number nor specific place for plot was intimated to the complainant by the OPs. The complainant came to know from the newspaper that the competent authority had cancelled the license and OPs were debarred to develop any project. The complainant wrote a letter dated 03.2015 Ex.C-7 to the OPs requested them to return the money but no reply was given to the complainant.On 20.12.2017 complainant visited OPs office at SCO No.26 phase 2 Mohali as well in main office at SCO No.70, Mohali and found offices closed.
5.                The complainant also took up the matter with Senior Town Planner (STP), GMADA, Mohali vide letter dated 31.03.2017(Ex.C-8)but no action was taken by STP. The complainant has sent legal notice (Ex.C-9) through his counsel on 24.09.2018 and asked to return money amounting to Rs.4,17,500/-. But the said notices have been received back with postal department remarks “Addressee Left”.
6.                       Notice of this complaint was given to the OPs. 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 Forum 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 Forum. 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.
7.                       The complainant in his evidence has furnished his affidavit in support of the complaint and reiterating the facts contained in the complaint as Ex.C-1 Membership receipt and he also proved copy of Share Certificate as Ex.C-2 and receipts as Ex.C-1 and Ex.C-3 to C-6, copy of Demand of Refund Application as Ex.C-7, copy of Application to Senior Town Planner(STP) as Ex.C-8,copy of Legal Notice as Ex.C-9. On the other hand, copy of schedule of payment as Ex.D-1 and copy of memorandum of society as Ex-D-2.
8.                         I have heard counsel for parties through VC and gone through the file. The complainant has pleaded in the complaint and has also deposed by way of affidavit Ex.C-1/A that he became member of OP no.1 society and he made a total payment of Rs.4,12,500/- on different dates and he proved the copies of receipts on the file. and he has also deposed that he deposited the above-said amount of Rs.4,12,500/- But the OPs never allotted any plot number and nor any specific place was intimated to the complainant where the plot would be allotted.
9.                     The OPs alleged that the receipts produced by the complainant are forged and the complainant did not make the payment as per terms and conditions  but we find that in para no.8 of the reply the OPs have stated that they were ready to hand-over possession of the plot booked by the complainant if the complainant is ready to make the remaining amount as per contract but we find that the plots were never carved out by the OPs nor any development was made. Even we find that there 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. In some of the complaints GMADA has been made party and GMADA has alleged that a public notice was issued in the newspaper that the licence provided to the OPs was cancelled by the competent authority.
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 are 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 together with interest thereon 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.4,12,500 /- 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 60 days on receipt of certified copy of this order. The copy of this order be provided to the complainant and OP no.3 free of cost and 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:13.12.2021
RDS                                           

                                               

(Pushvinder Singh)

                                                                             President

 

(Manjit Singh Bhinder)

                                                                             Member