DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.136 of 2017
Date of institution: 17.02.2017 Date of decision : 10.06.2019
Raman Kumar son of Shri Krishan Lal, resident of WZ 16/4, Ram Nagar Extn., Tilak Nagar, New Delhi.
…….Complainant
Versus
1. M/s. Sky Rock City Welfare Society, Banur Road, Back Side C.G.C. College, Landra, Sector 111-112, Mohali through its President.
2. The President, M/s. Sky Rock City Welfare Society, Banur Road, Back Side C.G.C. College, Landra, Sector 111-112, Mohali
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Shri Tushar Arora, proxy counsel for complainant.
OPs ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant approached OPs on 20.07.2011 for knowing about introduction of project of plots measuring 100 sq. yards, 150 sq. yards etc. in Mullanpur (New Chandigarh), District Mohali. Full assurance was given to complainant and his father that area of OP society would be developed soon by laying internal roads of the society, street lights, sewerage pipe line, drain pipe line etc. Assurance for delivery of possession of plots at earliest was given by OP No.2 for and on behalf of OP No.1. Complainant and his brother opted to book plot measuring 200 sq. yards in this project by agreeing to pay Rs.7,500/- per sq. yard. Rs.1,50,000/- as land cost and Rs.5,000/- as membership fee of the society were paid by complainant through cheque No.468196 dated 26.09.2011. Another amount of Rs.2,25,000/- through post dated cheques of Rs.65,000/- and Rs.1,60,000/- of date 29.06.2012 each were paid by complainant to OPs. Thereafter complainant alongwith his brother and father had been visiting site of OP at Mullanpur for checking factual position and found that no development activity carried on the spot. On being contact to OP No.2 reasons for not undertaking preliminary development work were not disclosed. Lastly on 30.07.2016 complainant alongwith his brother and relatives approached OPs for knowing about development of area, but OP No.2 asserted that complainant can take back his money in case he cannot wait. Complainant claims that in view of non carrying of any development activity, he is no more interested in having plot and that is why by claiming that OP adopted unfair trade practice, this complaint filed for seeking refund of deposited amount of Rs.3,80,000/- with interest @ 15% per annum. Compensation for mental harassment and agony of Rs.1,00,000/- and litigation expenses of Rs.25,000/- more claimed.
2. Written reply not filed by OPs despite appearance through counsel and granting last chance and as such right of OPs to file reply was struck off vide orders dated 12.09.2018.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-15 and thereafter his counsel closed evidence. None appeared for OPs thereafter continuously and as such OPs proceeded against ex-parte.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Application form for membership produced on record as Ex.C-2 for showing that complainant deposited Rs.1,55,000/- through cheque No.468196 and reference of same made in deposit slip Ex.C-4 as well as in receipts Ex.C-5 and Ex.C-6. So all these documents show as if amount of Rs.1,55,000/- was deposited by complainant with OPs on 26.09.2011. Besides receipt Ex.C-7 dated 01.06.2012 establishes that complainant deposited Rs.2,25,000/- more through cheques dated 26.06.2012 and as such certainly complainant able to establish deposit of Rs.3,80,000/- by him with OPs. Quarterly payment schedule is produced on record as Ex.C-3. Possession of plot was agreed to be handed over within two years of registration/requisition as per Clause-5 of Ex.C-3. Registration of membership of complainant took place on 20.07.2011 because of deposit of membership fee of Rs.5,000/- through receipt Ex.C-6 and as such possession of plot must have been handed over by 19.07.2013. However, no development activity carried on the spot as per contents of affidavit of complainant and that is why complainant through representation Ex.C-8 sent through registered covers Ex.C-9 and Ex.C-10 applied for refund of deposited amount. That did not entail any consequence and as such legal notice Ex.C-11 through registered letters Ex.C-12 and Ex.C-13 was sent to OPs. Even reminders Ex.C-14 and Ex.C-15 were sent, but to no effect. In view of this, it is established that OPs adopted unfair trade practice by assuring complainant to handover possession at earliest, but without carrying on development activity of installation of street lights, carving out streets or parks etc. So virtually amount of Rs.3,80,000/- on false assurance received from complainant, which amounts to unfair trade practice and as such complainant entitled for refund of paid amount with interest @ 12% per annum from the dates of deposits till payment in view of 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.
6. As a sequel of above discussion, complaint is allowed with direction to OPs to refund received amount of Rs.3,80,000/- (Rs. Three Lakhs Eighty Thousand only) with interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.25,000/- (Rs. Twenty Five Thousand only) and litigation expenses of Rs.5,000/- (Rs. Five Thousand only) 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 free of cost and thereafter the file be indexed and consigned to the record room.
Announced
June 10, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
