DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.179 of 2018

                                               Date of institution:  09.02.2018                                             Date of decision   :  01.11.2018

Ketan Sharma son of Shri Surinder Sharma, presently resident of House No.45, Veer Nagar, Behind Gupta Petrol Pump, Jagadhari, District Yamuna Nagar.  

…….Complainant

Versus

M/s. The Sky Rock Welfare Society, SCO No.672, First Floor, Sector 70, SAS Nagar through its President Navjeet Singh Brar.

Second Address:

M/s. The Sky Rock Welfare Society, Sector 111-112, Shop-cum-booking office, Opposite Chandigarh Engineering College, Landran, Tehsil and District SAS Nagar.

                                                        ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member

Present:     Shri Mohan Singh Bedi, counsel for the complainant.

                OP ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant after becoming member of OP society was to be allotted plot of 100 sq. yards in its project known as The Sky Rock City in SAS Nagar, Mohali. Rs.10,000/- was deposited as membership fee alongwith prescribed application form and thereafter share certificate regarding 100 sq. yards area of plot was issued to the complainant. Complainant deposited amounts on different dates, which are mentioned in the following table:

                Complainant was asked vide letter dated 15.08.2012 of OP to deposit Rs.2,32,500/- i.e. Rs.1,57,500/- as LC and Rs.75,000/- as EDC charges. Complainant visited office of OP on 22.09.2012 for enquiring about allotment of plot and then he was taken to site near village Landran for disclosing that plot will be allotted there. On further insistence of deposit of above referred amount Rs.2,32,500/-, complainant disclosed OP about appearance of news item in the newspaper regarding cancellation of license of OP and debarring him  to develop the project. No reply of this information was given in proper way by OP and as such complainant was compelled to write letter dated 22.09.2012 for asking OP to allow him to deposit the required money only after revalidation of license by competent authority of OP. No development work was carried on the spot and license of OP even was not revalidated by competent authority. Complainant visited office of OP again on 20.12.2017 for finding that office is lying closed. So complainant sent legal notice dated 22.12.2017 through counsel for calling upon OP to refund amount of Rs.6,14,000/- with interest, but to no effect and that is why this complaint for seeking refund of Rs.6,24,000/- with compensation for mental agony and harassment of Rs.50,000/- and also compensation for deficiency in service of Rs.50,000/-, but litigation expenses of Rs.20,000/-.

2.             OP is ex-parte in this case.

3.             Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-9 and thereafter closed evidence.

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             As the claim was to go beyond pecuniary limit of Rs.20.00 lakhs and as such counsel for complainant suffered statement on 01.11.2018 for claiming that interest is claimed @ 12% per annum from the dates of deposits instead of claimed one @ 24% with quarterly rests through complaint. So now claim of complainant remains for refund of deposited amount of Rs.6,24,000/- with interest @ 12% per annum from the dates of deposits till payment.

6.             After going through affidavit Ex.CW-1/1 of complainant alongwith receipts Ex.C-3 to Ex.C-5, it is certainly made out that complainant has deposited Rs.6,14,000/- towards price of the plot to be allotted to him by OP in area of Landran. Besides, complainant deposited Rs.10,000/- as membership fee vide receipt Ex.C-1 dated 20.06.2011 and it was thereafter that share certificate Ex.C-2 regarding share of 100 sq. yards in the capital of OP was allotted to complainant. Demand of Rs.2,32,500/- as referred in the complaint was put forth by OP from complainant through letter Ex.C-6 dated 15.08.2012, but  construction work was not started on the spot and no development activity was carried out and that is why complainant after knowing about cancellation of license, sent letter Ex.C-7 dated 22.09.2012 to OP for confirmation as to whether OP still holds license for developing the site or not. No response to this notice was received and that is why complainant sent legal notice Ex.C-8 through postal receipt Ex.C-9 before filing this complaint. So it is obvious that in view of deficiency in service provided by OP in not developing the site or showing holding of license for developing the colony, complainant applied for refund of deposited amount of Rs.6,24,000/- including membership fee of Rs.10,000/-. It is contended by counsel for complainant that entire cost of the plot has already been deposited, but despite that OP not in a position to handover possession of the allotted plot due to cancellation of license by authorities in favour of OP. As despite assurance, development work not carried out on the spot for rendering the plot in question fit for residential habitation and as such certainly complainant entitled for refund of entire paid amount with interest @ 12% per annum from the dates of deposits till payment because of provisions contained in Rule 17 framed under PAPRA Act, 1995. Complainant also entitled to compensation for mental harassment and agony and to litigation expenses because he has been dragged in this litigation due to unfair trade practice adopted by OP in not rendering the assured/promised services.

6.             As a sequel of above discussion, complaint allowed against OP with direction to refund the received amount of Rs.6,24,000/- (Rs. Six Lakhs Twenty Four Thousand only) with interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.20,000/-  (Rs. Twenty thousand only) and litigation expenses of Rs.5,000/- (Rs. Five thousand only) more allowed in favour of complainant and against  OP. 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

November 01, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                       (Amrinder Singh Sidhu)

Member