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

Consumer Complaint No.677 of 2016

                                                 Date of institution:  07.10.2016                                                         Date of decision   :  01.03.2018

Gurcharan Singh aged about 74 years son of Shri Saudagar Singh, resident of village Satiewala, P.O. Shaheed Bhagat Singh Engineering College, District Ferozepur.

…….Complainant

Vs

1.     M/s. K. Soni Builders & Promoters Pvt. Ltd., registered under the Companies Act, 1956 having its Corporate Office at SCO No.250 (Top Floor), Sector 44-C, Chandigarh & registered office at SCF No.13-14, Chajju Majra Road, Sector 126, Greater Mohali, Kharar (Punjab) through its Director Sh. Kuldeep Soni.

2.     Sh. Kuldeep Soni, Director, M/s. K. Soni Builders & Promoters Pvt. Ltd., registered under the Companies Act, 1956 having its Corporate Office at SCO No.250 (Top Floor), Sector 44-C, Chandigarh & registered office at SCF No.13-14, Chajju Majra Road, Sector 126, Greater Mohali, Kharar (Punjab)

3.     Sh. Ved Parkash Sharma, M/s. K. Soni Builders & Promoters Pvt. Ltd., registered under the Companies Act, 1956 having its Corporate Office at SCO No.250 (Top Floor), Sector 44-C, Chandigarh & registered office at SCF No.13-14, Chajju Majra Road, Sector 126, Greater Mohali, Kharar (Punjab)

                                                                ……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:   Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member

                Mrs. Natasha Chopra, Member.

Present:    None for the complainant.

                OPs ex-parte.

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

Order

               Complainant for earning livelihood by way of self employment and settling near Chandigarh after retirement, approached OPs for purchase of shop in April, 2014 by paying the booking amount of Rs.1,50,000/-. Total cost of the shop was Rs.16,90,000/- but after receipt of Rs.1,50,000/- by OPs, they issued allotment letter dated 09.04.2014, whereby acknowledging the said amount. Promise was made for execution of agreement and thereafter delivery of possession, but the OPs abandoned the project subsequently and agreement even was not executed till date of filing of complaint, despite numerous requests to OPs for settling the terms and conditions and executing agreement and as such by pleading deficiency in service on part of OPs and issue of letters, this complaint filed for seeking refund of paid amount of Rs.1,50,000/- with interest @ 12% per annum from the date of making payment till actual realisation. Compensation for mental harassment and agony of Rs.5.00 lakhs, but litigation expenses of Rs.35,000/- more claimed.

2.             OPs are ex-parte in this case because they failed to appear despite effecting of substituted service through paper publication

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to C-4 and then closed evidence.

4.             Written arguments not submitted, but after perusing the file and after going through evidence this complaint is decided.

5.             Earlier complaint filed by complainant in this Forum was returned to complainant with liberty to him to file fresh complaint on the same cause of action with better pleadings and evidence, is a fact borne from perusal of copy of order dated 11.07.2016 passed by this Forum, in respect of which copy produced on record as Ex.C-4. Acknowledgement of Rs.1,50,000/- as booking amount made for and on behalf of OP No.1 by issue of allotment letter Ex.C-2 dated 09.04.2014. Through this allotment letter itself, it is made clear that after receipt of total sale consideration amount of Rs.16,90,000/- regarding booking of Shop No.07 at KSB Greens II Project, Kharar, the sale deed will be executed as per terms and conditions set out in the agreement. So certainly contents of this allotment letter Ex.C-2 establishes that complainant paid Rs.1,50,000/- to OP No.1 or its representative for booking of shop in question situate within the territorial jurisdiction of this Forum. As the shop in question was purchased by complainant for earning livelihood by way of self employment and as such certainly complainant is consumer within the meaning of Section 2 (1) (d) of the Consumer Protection Act in view of explanation appended thereto.

6.             Complainant sent letter Ex.C-3 dated 21.03.2016 to OP No.1 for claiming refund of booking amount with interest, but by claiming that as OPs have abandoned the project and no agreement executed and that is why refund of the booking amount should be done. This request Ex.C-3 was submitted by complainant before expiry of period of two years from the accrual of cause of action namely 09.04.2014, the date on which allotment letter Ex.C-2 was issued. Thereafter this complaint filed at earliest, which was dismissed with liberty to complainant to file fresh complaint as evidenced through order Ex.C-4 and then this complaint filed and as such certainly the complaint is within limitation. OP No.1 is the concern who received the booking amount, of which OP No.2 is Director, but it is not clear from complaint or from any material produced by complainant as to what concern OP No.3 has with OP No.1 and as such complaint is maintainable against OP No.1 and 2 only and not against OP No.3. Refund of received amount to be made by OP No.1 or its director namely OP No.2 and not by OP No.3 and as such complaint against OP No.3 is dismissed. As booking amount retained by OP No.1 and OP No.2 without intention of completing the project and as such fitness of things warrants that legally returnable money be ordered to be refunded with interest @ 12% per annum w.e.f. the date of filing of this complaint namely 07.10.2016 till payment, more so when OPs have failed to execute any agreement, despite approach by complainant.

7.             As a sequel of above discussion, the complaint allowed against OP No.1 and 2with direction to refund the received amount of Rs.1,50,000/- with interest @ 12% per annum w.e.f. the date of filing of the complaint namely 07.10.2016 till payment.  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 OP No.1 and 2. Complaint against OP No.3 is dismissed. 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 free of costs. 

Announced

March 01, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                                   (Amrinder Singh Sidhu)                                                               Member

(Mrs. Natasha Chopra)

Member