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

Consumer Complaint No.789 of 2016

                                                 Date of institution:  29.11.2016                                                         Date of decision   :  30.08.2018

1.     Mrs. Kanta Sachdeva wife of Shri D.N. Sachdeva, 1662, Sector 15, Panchkula.

2.     Shri D.N. Sachdeva son of Late Shri Vishan Dass, 1662, Sector 15, Panchkula.

…….Complainants

Versus

M/s. BCL Homes Limited, Village Kishanpura (Adj. Sector 20, Panchkula), NAC Zirakpur, District Mohali, Punjab.

……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:   Shri Amrinder Singh Sidhu, Presiding Member

                Mrs. Natasha Chopra, Member.

Present:    Shri D.S. Soundh, counsel for complainant.

                OPs ex-parte.

Order by :-  Shri Amrinder Singh Sidhu, Presiding Member.

Order

Pleadings of complainants

                The brief facts of complaint are that complainants alleged that OP floated a scheme for allotment of residential flats under the name and style of ‘BCL Homes – Chinar Business Centre at Zirakpur, Mohali and also offered commercial offer to book an office shop space of 240 sq. ft. by depositing Rs.50,000/- as booking amount without the actual grant of license to develop the land in 2011. The complainants who are husband and wife, required a small commercial space to carry on some work for earning their livelihood and, therefore, deposited a sum of Rs.50,000/- under receipt No.3172 dated 14.11.2011. Further complainants paid Rs.35,000/- through a self cheque which was encashed by the official of the OP on 15.11.2011. Further complainants deposited another sum of Rs.1,00,000/- vide receipt No. 3924 dated 22.02.2012. Subsequently, OP issued allotment letter dated 29.07.2012.  The OP never issued the final allotment letter to complainants. The complainants, therefore, asked for refund of their deposited amount of Rs.1.85 lakhs alongwith interest and compensation vide notice dated 15.09.2015. Simultaneously the OP asked the complainants to fill in a refund form, which was done by complainants. However, once again the promises of the OP turned out to be false. In fact OP has been deficient in providing service as they failed to provide the promised shop.

                Lastly complainants prayed for a direction to OP to refund the entire deposited amount of Rs.1,85,000/- alongwith interest @ 18% per annum from the date of deposits till date of refund alongwith compensation of Rs.1,50,000/- on the ground mentioned in prayer clause of complaint for physical and mental harassment and imposition of deterrent damages on OP for adopting various unfair  trade practices and Rs.25,000/- for litigation expenses.

2.             After admission of complaint, notice of complaint was issued. The OP refused to receive notice and it did not come present before the Forum and he did not appear on 25.10.2017. Hence, it was proceeded against ex-parte.

3.             Complainant No.2 tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to C-5 and thereafter closed evidence.

4.             Arguments of complainants heard and record of file was perused.

Findings of the Forum

5.             It is held that complainants are consumers of OP as they availed the services of the OP for consideration and made payment of Rs. One Lakh only on 22.02.2012 vide receipt which is Ex.C-1 and Rs. Fifty Thousand only vide receipt dated 14.11.2011 which is Ex.C-2. As complainant No.1 has filed affidavit Ex.CW-1/1 that the space for shop is purchased with an intention to run a shop for earning their livelihood, so it does not fall within commercial category barring complainants from being consumers. Hence, complainants are held consumers of OP. The complaint falls within territorial jurisdiction of this Forum as the OP has their office at Zirakpur which falls within territorial jurisdiction of this Forum. Further deficiency in service related to the property in dispute also occurred within territorial jurisdiction of this Forum, hence the cause of action arose to the complainants against OP within territorial jurisdiction of this Forum. As the complainants claimed less than Rs. Twenty Lakhs of claim from OP, so this Forum has pecuniary jurisdiction. Further, complaint is within limitation because cause of action of complaint against OP is recurring one as OP neither gave possession of shop nor refund of paid amount. Moreover, non delivery of possession of shop after 7 years of receiving money amounts to deficiency in service by OP. OP remained absent after refusing to accept notice shows that OP has nothing to say in its defence. Moreover, the complaint of complainants remained unrebutted. Complainants proved deficiency of service of OP vide documentary evidence especially affidavit of complainant No.2 which is Ex.CW-1/1. It remained unrebutted by OP as no counter affidavit is filed to counter it.

6.             Therefore, complaint is accepted and partly allowed. OP is directed to refund the received amount of Rs.1,50,000/-  (Rs. One Lakh Fifty Thousand only) alongwith interest @ 12% per annum from the respective dates of deposits till actual date of refund to complainants. Compensation for mental agony and harassment of Rs.20,000/- and litigation expenses of Rs.5,000/- more allowed in favour of the complainant and against the OP. Payment of these amounts of compensation and litigation cost be made within 30 days from receipt of certified copy of order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.

Announced

August 30, 2018

                                                            (Amrinder Singh Sidhu)                                                                Presiding Member

(Mrs. Natasha Chopra)

Member