DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.821 of 2016
Date of institution: 19.12.2016 Date of decision: 04.12.2017
Shamir Singh son of Assa Singh, resident of House No.87, Sector 5, Chhajumajra Colony, Kharar, District SAS Nagar Mohali.
……..Complainant
Versus
M/s Nature Heights Infra Limited, 9, Sunder Nagri, Hanumangarh Road, Abohar, District Fazilka, Punjab through its Proprietor/Director Mr. Neeraj Arora.
…..Opposite Party
Complaint under Section 12 of
Consumer Protection Act, 1986.
Quorum
Shri Ajit Pal Singh Rajput, President
Shri Amrinder Singh Sidhu, Member
Present : Complainant in person.
Opposite Party ex-parte.
ORDER
By Ajit Pal Singh Rajput, President
Complainant, Shamir Singh has filed the present complaint against the Opposite Party (hereinafter referred to as the OP) 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 02.07.2012 with OP No.1 for sale of 1000 Sq.ft. plot in Village Bringali, Tehsil Mukerian, District Hoshiarpur (Punjab) for a total consideration of Rs.1,75,000/-. As per the said agreement the complainant was at liberty to pay the consideration amount in easy installments of Rs.43,750/- each payable yearly during four years. Accordingly, the complainant made the payment of all the four installments in time and the last installment was paid by the complainant at the branch office of the OP at Mohali on 03.07.2015. After making payment of the installments, the complainant as per provisions of the agreement dated 02.07.2012 requested the OP to refund his amount vide his letter dated 19.10.2015 alongwith compounded interest of 13%. Thereafter, a telephonic message was received from the OP that the amount shall be repaid to the complainant in early 2016. The complainant again sent reminder dated 03.03.2016 and then on 20.07.2016 and even the complainant made a complaint to the police on 20.08.2016 but without any result. The act and conduct of the OP amounts to deficiency in service and unfair trade practice on their part. Hence, this complaint for giving directions to the OP to refund the deposited amount along with interest @ 13% and to pay adequate compensation of Rs.10,00,000/- for unnecessary harassment and mental tension and Rs.10,000/- for litigation expenses.
3. Notice of the complaint was issued to the OP but the OP chose not to appear to contest this complaint despite service through publication. Hence, OP was proceeded against exparte vide order dated 24.05.2017.
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-5 & letters Ex.C-6 to C-8.
5. The complainant has argued that he booked 1000 sq. ft. plot with the OP in Village Bringali, Tehsil Mukerian, District Hoshiarpur (Punjab) and paid all the four installments vide receipts Ex.C-2 to C-5. The complainant has submitted that as there was 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 vide letter dated 19.10.2015 Ex.C-6, 03.03.2016 Ex.C-7 and letter dated 20.07.2016 Ex.C8 sought refund of the amount deposited alongwith interest @ 13% per annum but the OP has failed to refund the amount despite assurance to refund the same in early 2016.
6. After hearing the complainant and going through the pleadings, evidence and oral submissions, it is established that the complainant booked the 1000 sq. plot with the OP vide ID No.10036734 and agreement for sale was duly executed between the parties on 02.07.2012. The sale consideration of the plot was paid by the complainant vide receipts Ex.C-2 to C-5. The complainant has stated that there is no development at the site and as per condition mentioned in the agreement Ex.C-1 he sought refund of the amount but the OP has not refunded the amount despite issuance of letters Ex.C-6 to 8 by the complainant. The OP did not care to appear before this Forum despite publication. Hence, the OP was proceeded against ex-parte vide order dated 25.04.2017. 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.1,75,000/- (Rs. One Lakh Seventy Five Thousand 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 OP is 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: 04.12.2017
(A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
