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

Consumer Complaint No.265 of 2017

                                                Date of institution:  03.04.2017                                                  Date of decision   :  15.10.2019

1.     Manjinder Singh son of Shri Shivdev Singh, resident of #853, Ward No.10, Master Colony, Near Govt. College, Gurdaspur, Punjab.

2.     Sukhbir Kaur daughter of Shri Shivdev Singh, resident of #853, Ward No.10, Master Colony, Near Govt. College, Gurdaspur, Punjab.

…….Complainants

Versus

1.     M/s. Sky Rock City Welfare Society (Regd.) through its President SCO 672, First Floor, Sector 70, Mohali, Punjab.

2.     M/s. Sky Rock City Welfare Society (Regd.) through its General Secretary, SCO 672, First Floor, Sector 70, Mohali, Punjab.

                                                         ……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri A.K. Handa proxy counsel for complainant.

                OPs Ex-parte.

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

Order

                Complainants after going through advertisements of OPs came to know as if OPs are developing residential project known as Sky Rock City Welfare Society in Sector 116, Mohali. Complainants with intention of owning residential plot for residential purposes, agreed to purchase 150 sq. yards of plot for total sale price of Rs.19,50,000/- exclusive of proportionate share of common areas which is 20% of the total area. Complainants were disclosed as if the project site has been approved by Govt. of Punjab as a mega project with all attendant benefits or basic facilities. So complainants deposited Rs.4,87,500/- + Rs.10,000/- = Rs.4,97,500/- through cheques dated 27.03.2012, 11.09.2012 and 14.08.2012. It is claimed that no receipt was issued by OPs despite receipt of aforementioned amounts. However, on insistence of complainants, OPs intentionally handed over two back dated receipts of 25.06.2012 to complainants on 11.09.2012, due to which complainants raised objection, but OPs threatened for acceptance of the receipts and even called upon complainants to sign standard format of provisional allotment letter having date of 08.10.2012. Threat was administered that in case it is not done, then cancellation of plot will take place and the amount paid by complainants will stand forfeited. As complainants were having no other option and as such they signed the allotment letter dated 08.10.2012. As terms and conditions were not providing for the specific date of delivery of possession and as such complainants objected in that respect at the time of signing the allotment letter. Verbal assurance was given as if possession of plot will be handed over within 36 months i.e. 07.10.2015. Despite all this, physical possession of the plot has not been handed over to complainants and nor property papers handed over to complainants despite their request. OPs even failed to apprise the complainants about progress of aforesaid residential plot, even after expiry of long period of 4-1/2 years approximately. Complainants visited office of OPs for confirming about status of residential plot and ultimately they were shocked to know that OP No.1 facing hurdles for getting licensee, registration of property papers and statutory clearances. However, at the time of booking of residential plot, assurance was given as if all the necessary approvals from Govt. of Punjab and other appropriate authorities have been obtained. Complainants have not received any communication from Ops despite the fact that complainants had been approaching OPs many times for knowing status of plot. It is claimed that OPs had been making false assurances regarding getting of approvals/licenses from the appropriate authorities. By pleading that OPs adopted unfair trade practice, this complaint filed for seeking physical possession of plot No.F-1(195) having area of 150 sq. yards in the above said project. In the alternative refund of Rs.4,97,500/- with interest @ 18% per annum from the date of booking i.e. 11.09.2012 till the date of realisation sought. Compensation for mental agony and harassment of Rs.3.00 lakhs and litigation expenses of Rs.50,000/- more claimed. Both the complainants are having common interest and as such they were allowed to pursue complaint jointly.

2.             Written statement not filed by OPs despite grant of sufficient chance and as such case was ordered to be proceeded ahead even without obtaining reply, vide orders dated 12.09.2018.

3.             Counsel for complainants tendered in evidence affidavit Ex.CW-1/1 of complainants alongwith documents Ex.C-1 and Ex.C-2 and thereafter closed evidence.  Thereafter OPs did not appear and they were proceeded against ex-parte.

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             Perusal of Ex.C-1 provisional allotment letter reveals as if Plot No.F-1(145) in Sector 116, Mohali  project of OPs known as Sky Rock City Welfare Society was allotted to complainants for price of Rs.19,50,000/-. Receipt Ex.C-2 alongwith annexed receipt thereto shows as if Rs.10,000/- was deposited by complainants on 22.06.2012, but Rs.4,87,500/- deposited on 25.06.2012 with OPs. So certainly complainants able to establish as if they deposited amount of Rs.4,97,500/- with OPs. However, OP are not in a position to handover possession because it is claimed that CLU license has already been cancelled and GMADA has got issued notice through The Tribune.  As the customers of OPs have been given public notice of not dealing with OPs because OPs are not having as much plots for which they are dealing with the public, so, certainly unfair trade practice adopted by OPs resulting in harassment to complainants, due to which they are entitled for compensation for mental agony and harassment and also to litigation expenses.

6.             OPs retained hard earned money of complainants without fulfilling assurance or promise of handing over of possession of allotted plot for a long time and as such entitlement of complainants for alternative prayer of refund with interest @ 12% per annum from the dates of deposits till payment is appropriate in view of violation of provisions of Section 3 and 6 of PAPRA Act, 1995 because amounts accepted without getting requisite approvals. Even law laid down by Hon’ble State Consumer Disputes Redressal Commission Punjab in CC No.716, 789, 835 etc. of 2017 titled as Mangal Singh Kondal & others Vs. Bajwa Developer & Another and First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another,  decided on 30.07.2018  provides that for   violation of Sections 6 and 12 of PAPRA Act, refund of deposited amount should be ordered with interest @ 12% per annum from the dates of deposits till payment.

7.             As a sequel of above discussion, complaint allowed with direction to OPs to handover possession of the plot within 60 days from the date of receipt of certified copy of the order, failing which to refund the received amount of Rs.4,97,500/- with interest @ 12% per annum from the dates of deposits till payment.  Compensation for mental agony and harassment of Rs.25,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against  OPs.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

October 15, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member