DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.183 of 2017
Date of institution: 08.03.2017
Date of decision : 14.03.2018
Kamlesh Singh son of Shri Kanhya Singh, resident of House No.2470/A, Sector 24-C, Chandigarh.
…….Complainant
Versus
1. M/s. Sky Rock City Welfare Society, Mohali.
Ist Address: The Sky Rock City Cooperative House Building Society, SCO No.26, First Floor, Phase-2, Mohali.
2nd Address: M/s. Sky Rock City Welfare Society, SCO No.672, Sector 70, First Floor, Mohali.
3rd Address: M/s. Sky Rock City Welfare Society, SCO No.2, First Floor, Phase-2, Mohali.
2. The Managing Director, M/s. Sky Rock City Welfare Society, Mohali, The Sky Rock City Cooperative House Building Society, SCO No.26, First Floor, Phase-2, Mohali.
……..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: Shri Alankar Narula, counsel for the complainants.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant after becoming member of OP No.1 Society entered into an agreement with OPs for purchase of 110 sq. yards plot at the rate of Rs.11,000/- per sq. yard. Membership fee of Rs.10,000/- was paid on 01.07.2011 and subsequently the following payments were made:
Sr. No. | Date | Particulars | Amount | Receipt No. |
1. | 01.07.2011 | Membership fee | 10,000.00 | 2956 |
2. | 15.09.2011 | Installment | 1,00,000.00 | - |
3. | 21.09.2011 | 25% part payment | 1,25,000.00 | 4680 |
4. | 07.10.2011 | Land cost | 1,50,000.00 | 4953 |
5. | 10.02.2012 | Land cost | 2,00,000.00 | 6458 |
6. | 10.02.2012 | Land cost | 75,000.00 | 6690 |
7. | 01.08.2012 | Land cost | 90,000.00 | 8687 |
8. | 10.08.2012 | Land cost | 1,85,000.00 | 8688 |
9. | 20.10.2012 | Land cost | 2,40,000.00 | 9938 |
Total worth of the plot payable was Rs.12,50,000/- including amount of Rs.1,50,00/- as additional charges for parking lot. Complainant deposited sum of Rs.11,75,000/- in all, but despite that physical possession of the allotted plot has not been handed over. False assurance for delivery of plot made repeatedly, but without fulfilling the promise. As per Clause-5 of terms and conditions of the agreement, possession of the plot was to be delivered within 2 years of registration and as such the same was to be delivered on or before 01.07.2013. Possession has not been handed over till date. Legal notice was sent to OPs, which was received returned with report of addressee left or not found. As per Clause-4 of terms and conditions of the agreement, in case the allottee does not want to continue even after paying some of the installments, then he will be entitled for refund of the paid amount with interest @ 8% per annum, but after three years from the date of requisition. Date of registration/requisition in this case alleged to be 01.07.2011. Complainant entitled to seek refund after 30.06.2014. License issued by GMADA to OPs in the name of Sky Rock City expired on 02.07.2016 and renewal of the same has not taken place. License applied with GMADA was issued on 10.08.2011 and the same even expired on 02.07.2016. No permission in favour of OPs exist for carrying out the project activities and as such prayer made for directing OPs to refund the received amount of Rs.11,75,000/- with interest @ 18% per annum. Compensation for mental harassment and agony of Rs.1,50,000/- and litigation expenses of Rs.30,000/- more claimed.
2. OPs were proceeded ex-parte vide orders dated 25.09.2017
3. Complainant tendered in evidence affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-5 and thereafter closed evidence.
4. Written arguments not submitted. Oral arguments heard and record gone through.
5. Contents of affidavit Ex.CW-1/1 alongwith receipt Ex.C-1 establishes that complainant after depositing membership fee of Rs.10,000/- became member of OP society and thereafter he paid the above referred amounts mentioned in the tabulated form through receipts, copies of which are produced on record. Demand/intimation letter Ex.C-2 even was issued by OPs to complainant on 17.07.2012, in response to which Rs.2,75,000/- was paid by complainant. Ex.C-3 is schedule of payment containing terms and conditions of payment of installments and the effect of non payment thereof. Ex.C-4 is legal notice sent by complainant to OPs through postal receipt on 27.01.2017. Refund of paid amount of Rs.11,75,000/- sought for the first time by complainant from OPs through issue of this notice Ex.C-4. Clause-4 of Ex.C-3 provides that in case allottee does not want to continue even after paying some installments, then he will be entitled for refund of the paid amount with interest @ 8% per annum after three years from the date of requisition. In this case OPs failed to carry out the project work and the licences earlier issued were not got renewed after expiry of the terms thereof and as such certainly submissions advanced by counsel for complainant has force that OPs unable to hand over possession of the plot, due to which complainant entitled for refund of the entire paid amount with interest @ 8% per annum. It is so because the total cost of the plot payable by complainant to OPs was Rs.12,50,000/-, but he just paid Rs.11,75,000/- (erroneously mentioned as Rs.10,75,000/- in Para No.1 of the complaint). As complainant sought refund of the amount in question through issue of legal notice Ex.C-4 and as such his entitlement for refund with interest will be with effect from 27.01.2017 and not earlier to that. It is so because complainant signified his option of seeking refund through issue of legal notice Ex.C-4 and not before that. Condition of refund after three years of requisition can be given pragmatic approach by ordering refund with interest from the date of issue of notice Ex.C-4 only. As complainant suffered mental tension and agony and was dragged to litigation, and as such he is entitled for compensation for mental agony and harassment as well as litigation expenses also.
6. As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.11,75,000/- with interest @ 8% per annum with effect from the date of issue of legal notice Ex.C-4 namely 27.01.2017 till payment. Compensation for mental harassment and agony of Rs.20,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against the OPs. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of order. Certified copies be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
March 14, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
(Mrs. Natasha Chopra)
Member
