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

                            Consumer Complaint No.386 of 2017

                                  Date of institution:   27.06.2016                                  Date of decision:  22.11.2017 

Raj Kishore son of Tej Pal Gupta resident of House No.3309 Sector 22-D, Chandigarh.

……..Complainant

Versus

1.     M/s Nature Heights Infra Limited, 9, Sunder Nagri, Abohar, Punjab through its Managing Director.

2.     M/s Nature Heights Infra Limited, SCO No.32 Basement, Phase I (Near Oriental Bank) SAS Nagar (Mohali) through its Authorized Representative.

Second Address:-

  A K Singh, Authorized Representative M/s Nature Heights Infra Limited, SCO No.33 basement, Chaura Bazar, Zirakpur, Chandigarh-Ambala Highway, District SAS Nagar (Mohali).

…..Opposite Parties

Complaint under Section 12 of 

Consumer Protection Act, 1986.

Quorum

Shri Ajit Pal Singh Rajput, President

Shri Amrinder Singh Sidhu, Member

Mrs. Natasha Chopra, Member

Present :           Sh. Vivek Mohan Sharma, cl. for the complainant.              Opposite parties ex-parte.

ORDER

By Ajit Pal Singh Rajput, President

               Complainant, Raj Kishore has filed the present complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

 2            The complainant had entered into an agreement to sell dated 08.02.2012 with OP No.1 for sale of 1500 Sq.ft. plot in Village Bringali, Tehsil Mukerian, District Hoshiarpur (Punjab) for a total consideration of Rs.1,87,500/-. As per the said agreement the complainant was at liberty to pay the consideration amount in easy installments of Rs.46,875/- each payable yearly during four years. Accordingly, the complainant made the payment of first installment of Rs.46,875/- through cheque, vide receipt No.41449 dated 26.01.2012, second installment, vide receipt No.126062 dated 07.02.2013 and third installment vide receipt No.205705 dated 12.03.2014. After making payment of three installments, the complainant approached OP No.2 to confirm the actual date of handing over the possession of the plot but OP No.2 informed that the actual possession of the plot would get delay for some more time due to delay in obtaining the necessary permissions/approvals from the Government. Thereafter, before making the final payment, the complainant again approached OP No.2 and expressed his willingness to get the sale deed registered but OP No.2 clearly told that the land has not been acquired till date and OP No.1 is not in a position to hand over the possession of the plots to its customers.  The complainant time and again visited the office of OP No.2, who assured the complainant that the OPs will refund the entire amount along with interest but despite repeated requests/reminders the OPs did not return the amount. The complainant also served a legal notice dated 08.04.2016 upon the OPs but all in vain. The act and conduct of the OPs amounts to deficiency in service and unfair trade practice on their part. Hence, this complaint for giving directions to the OPs to refund a sum of Rs.1,40,625/- along with interest @ 13% p.a. as provided under the agreement and to pay adequate compensation and Rs.22,000/- as cost of litigation.

3.            Notice of the complaint was issued to the OPs but the OPs chose not to appear to contest this complaint despite service through publication. Hence, OPs were proceeded against exparte vide order dated 21.03.2017.

4.            In order to prove his case, the complainant tendered in evidence his affidavit Ex. CW1/1, copies of agreement to sell Ex. C-1, receipts Ex. C-2 to C-4, legal notices Ex. C-5 to Ex. C-7, postal receipts Ex. C-8 to C-10 and returned envelope Ex. C-11.

5.             The learned counsel for the complainant has argued that the complainant booked 1500 sq. ft. plot with the OPs in Village Bringali, Tehsil Mukerian, District Hoshiarpur (Punjab) and paid Rs. 1,40,625/- vide two receipts Ex.C-2 to C-4 against the total price of the plot of Rs.1,87,500/-.  Learned counsel has submitted that there is no development at the site and as per the condition mentioned in the agreement that if the project is not completed within 4 years the complainant is entitled to refund of the amount   deposited  alongwith interest @ 13% per annum and also the complainant deserves compensation for mental agony, harassment and costs of litigation.

6.             After hearing the learned counsel for the complainant and going through the pleadings, evidence and the written as well as oral submissions, it is established that the complainant booked the 1500 sq. plot with the OPs vide ID No.10025525 and agreement for sale was duly executed between the parties on 08.02.2012.  The sale consideration of the plot was to be paid in four installments. The complainant paid three installments each of 46,875/- vide receipts Ex.C-2 to C-4. The complainant has stated that there is no development at the site and as per condition mentioned in the agreement Ex.C-1 he is entitled to refund of the amount deposited by him with the OPs.   The OPs did not care to appear before this Forum despite publication. Hence, the OPs were proceeded against ex-parte vide order dated 21.03.2017. The whole purpose of pleadings is to give fair notice to each party of what the opponent’s case is and to ascertain with precision the point(s) on which the parties argue and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made therein are deemed to have been admitted. No amount of evidence can be looked into upon a plea, which was never put forward in pleadings. As such, the evidence adduced by the complainant remains unrebutted. As stipulated in the agreement, the complainant is entitled to refund of amount alongwith interest @ 13% per annum from the dates of deposit till realisation.

7.             Accordingly, in view of our aforesaid discussion, we direct the OP to refund to the complainant Rs.1,40,625/-       (Rs. One Lakh Forty Thousand Six Hundred Twenty Five only) alongwith interest @ 13% per annum from the dates of respective deposits till actual payment.   We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due to the negligent act of the OPs and litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed accordingly.            

                The OPs are further directed to comply with the order of this Forum within 30 days from the date of receipt of this order failing which the amount of compensation shall carry interest @ 13% per annum from the date of decision till actual payment.

                The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 22.11.2017

                                      (A.P.S.Rajput)
 President

(Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member