BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 40 of 2015
Date of institution: 02.02.2015
Date of Decision: 21.07.2015
Mahesh Tiwari son of Late Devi Dutt Tiwari, resident of House No.195, Vasant Vihar, Phase-II, Dhakoli, Zirakpur, District Mohali.
……..Complainant
Versus
1. M/s. Universe Colonizers Pvt. Ltd. through its Director Pritpal Singh son of Shamsher Singh Regd. Office: Ambala Highway Near Toll Plaza, Dappar, MC Lalru, District Mohali.
2nd Address:
M/s. Universe Colonizers Pvt. Ltd. through its Director Pritpal Singh son of Shamsher Singh, SCF No.75, Phase-9, Mohali.
3rd Address:
M/s. Universe Colonizers Pvt. Ltd. through its Director Pritpal Singh son of Shamsher Singh, SCF No.55, 2nd Floor, Phase-9, Mohali.
2. M/s. Sunihar Properties through its Director/authorised signatory, Regd. Office: Flat No.1, Astha Perfect Home, Dhakoli, Zirakpur.
(Name of OP No.2 deleted from the array of the OPs vide order dated 27.04.2015).
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Shri Amrinder Singh Sidhu, Presiding Member
Mrs. R.K. Aulakh, Member.
Present: Shri Vipin Kumar, counsel for the complainant.
OP No.1 ex-parte.
OP No.2 given up by the complainant.
(Amrinder Singh Sidhu, Presiding Member)
ORDER
The brief facts of the present complaint are that the complainant filed the present complaint pleading that he agreed to purchase a plot in Akal City Project on the promise and assurance of OP No.1 that lucrative facilities would be provided to him as per the brochure i.e. 50-60 feet wide outer roads and 36 feet wide internal roads; ample open area and green parks; sewerage treatment plant; water works tankers; cable and DTH connectivity; underground electric wiring; light poles; inbuilt school site; commercial area etc. The OP No.1 had further claimed that the above said project was duly approved by the Punjab Govt. Further OP No.1 assured to the complainant that the possession of the plot shall be delivered to the complainant within one year from the date of entering into agreement to sell. In pursuance to above, OP No.1 had entered into an agreement to sell dated 18.08.2012 with the complainant for plot No.690, size 113 yards, village Dappar, Tehsil Dera Bassi, District Mohali @ Rs.8,850/- per sq. yard . The complainant paid Rs.2,50,000/- as earnest money i.e. 25% of the total amount of Rs.Ten lacs only. In this agreement, it is settled that the sale deed shall be of Rs.7,50,000/- which shall be paid in installments and the complainant has to pay 85% of the total amount within ten days before execution of the sale deed and the balance amount i.e. 15% of the total amount shall be paid at the time of possession of the plot is to be delivered to the complainant. The complainant always remained ready and willing to pay the balance amount to OP No.1 in order to get the sale deed executed but OP No.1 always kept on postponing the matter on one pretext or the other and keep on extending the date of execution of sale deed. Thereafter, the complainant got suspicious of the conduct of the OP No.1 and visited the site and he was shocked to see that OP No.1 has no office at the site which was shown as registered office and there was not an iota of development over there. Therefore, the complainant came to know that OP No.1 was unable to make payment to the land owner and thus OP No.1 has no clear title over the site in question. The OP No.1 did not have necessary permission and sanctions from the Govt. Thus the complainant suffered a lot of harassment and mental agony on the act and omission of OP No.1 who received payment from the complainant without having all the necessary approvals and sanctions from all the competent authorities. The complainant served a legal notice upon the OPs through his counsel for either execute the sale deed or refund the amount. Though the OPs replied to the legal notice showing their readiness and willingness to execute the sale deed but in reality they neither executed sale deed or refund the amount despite efforts of the complainant. Lastly, the complainant prayed to this Forum to give the following directions to the OPs:
(i) Execution of the sale deed of plot No.690 Size 113 sq. yards village Dappar, Tehsil Dera Bassi, District Mohali with the possession over the plot alongwith all the facilities mentioned in the brochure issued by OP No.1.
OR
To refund him the double amount of his earnest money i.e. Rs.5.00 lacs.
(ii) To pay him Rs.1.00 lac for causing him mental harassment and agony.
(iii) To pay him Rs.2,000/- on account of litigation expenses.
(iv) Any other relief this Forum may deem fit and proper to the facts and circumstances of the case.
2. After admission of the complaint, notice was sent to the OPs. As per the report of India post, the notice sent to OP No.1 delivered upon it at its third address on 22.04.2015. However, none appeared before this Forum to file written version to the complaint and thus was proceeded against exparte on 27.04.2015. OP No.2 was given up by the complainant on 27.04.2015
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-7.
4. We have heard learned counsel for the complainant have also gone through written arguments filed by him.
5. The complainant has filed on record a photocopy of brochure of Akal City which is Ex.C-1. It claims that it is Lalru’s first Punjab Govt. approved Integrated Township. It claims itself UCPL’s Self Reliant Mega Township Akal City and promise house in a perfect solace, dreams, feelings, growth, leisure and much more. It also claims as master piece happen after UCPLs 7-8 years toil and guide in reality. It claims that it is duly approved by Punjab Govt. It also promised 50-60 feet outer roads/35 feet internal roads, ample open area and green parks. So complainant has proved the OP No.1’s brochure promise all the above mentioned facilities, amenities and necessities required for a dream house. Complainant also proved on file the agreement dated 18.08.2012 between him and OP No.1 which is Ex.C-3. Clause No.2 of this agreement confirms that the complainant has paid Rs.2,50,000/- to OP No.1. Therefore, in view of the whole of the complaint it is clear that he has paid to OP No.1 for the purchase of the plot alongwith other facilities, amenities and necessities required for a dream house. Hence, it can safely be concluded that complainant is a consumer and OP No.1 is a service provider.
6. Further clause No.6 of the agreement states that the buyer will be entitled to refund of his only earnest money if the sale deed could not be executed due to non approval/pass/sanction of the Govt. and due to some technical defect of the land. This condition is not applicable because OP No.1 omitted/failed to prove on file that this sale deed could not be executed due to any of above stated reasons.
7. The order of the Hon’ble National Commission in Kamal Sood Vs. DLF Universal Limited, III (2007) is quite helpful to this complaint. The Hon’ble National Commission has held that a builder cannot receive the amount unless he has all the necessary approval and sanctions from the various authorities. In the present complaint also OP No.1 received payments from the complainant without having all the necessary approvals and sanctions from all the competent authorities. Hence, they are guilty of playing unfair trade practice upon the complainant. Therefore, the complainant is entitled to the get refund of his deposited amount alongwith interest from the OP No.1. Further OP No.1 remained negligent in his conduct as he did not refund the deposited amount to the complainant despite his requests and even service of legal notice. As OP No.1 is negligent so the complainant is entitled to compensation also. Moreover, OP No.1 omitted/failed to file his written version to the complaint despite receipt of the notice dated 30.12.2014. So in the absence of any kind of rebuttal, the complaint of the complainant stands proved.
8. Therefore, the complaint is allowed with the following directions to OP No.1:
(a) to refund the deposited amount i.e. Rs.2,50,000/- (Rs. Two lacs and fifty thousand only) to the complainant alongwith interest @ 12% per annum from the date of deposit i.e. 28.08.2012 till its actual realization.
(b) to pay to the complainant Rs.30,000/- (Rs. Thirty thousand only) for harassment and mental agony.
(c) to pay to the complainant Rs.10,000/- (Rs. Ten thousand only) on account of costs of litigation.
(d) not to repeat this unfair trade practice by selling any unit to any person unless they get all the necessary approvals and sanctions from all the competent authorities.
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.
July 21, 2015.
(Amrinder Singh)
Presiding Member
(Mrs. R.K. Aulakh)
Member
