DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.508 of 2016
Date of institution: 26.08.2016
Date of decision : 09.02.2018
1. Jupinder Kaur wife of Gurinder Singh
2. Gurvinder Singh son of Balwant Singh
Both residents of Street No.2, Karnal Kachehri, Post Office Compound, Karnal, Haryana.
…….Complainant
Versus
M/s. Universe Coloniser Private Limited through its Directors Sukhpreet Singh son of Shri Harminder Singh, resident of House No.1320, Sector 68, Mohali and Pritpal Singh, resident of House No.2158, Phase-10, Mohali.
……..Opposite Party
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 Kulwinder Singh, cl. for the complainants.
OP Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
OP floated scheme for allotment of residential apartments and plots under the name and style of “Akal City”, due to which its officials started promoting and selling plots, but without providing basic amenities. In view of urgent need of complainants for shifting their residence from Karnal to Chandigarh, they approached OP, who disclosed that plot of 125 sq. yards size @ Rs.10,000/- per sq. yard will be provided to complainants. Final cost of that plot was Rs.12,50,000/- approximately. Complainants entered into an agreement with OP on 07.03.2013 by depositing Rs.3,12,500/- regarding which receipt was issued by OP. Rs.70,000/- were received as extra payment from complainants by OP on 07.03.2013 itself. Balance amount of Rs.9,37,500/- was payable prior to 10 days of execution of sale deed, which was fixed as 31.08.2013. OP failed to deliver possession of plot No.646 to complainants within promised time period of 31.08.2013 and thereafter, despite submission of request. On 19.08.2016 complainants visited the site for finding as if office of OP lying locked and there were no sign boards of OP put at the site. Even it was found that there was no development carried at the spot. There were no internal roads, parks, sewerage treatment plant, light poles, water works tankers and underground electric wiring, though providing of these facilities were advertised through brochure. Complainants got knowledge as if OP only got promoter license from GMADA and thereafter collected crores of rupees from innocent buyers like them. These amounts utilized by OP for earning huge profits and OP has played with dreams of purchasers of having their own house. Deposited amount even not returned and as such by claiming deficiency in service on part of OP and further by claiming that OP adopted unfair trade practice, this complaint filed for seeking refund of deposited amount of Rs.3,82,500/- with interest @ 18% per annum from the date of deposit till refund. Compensation for mental harassment and agony of Rs.2.00 lakhs and litigation expenses of Rs.33,000/- more claimed.
2. OP is ex-parte in this case.
3. Counsel for complainant after tendering in evidence affidavit of complainants Ex.CW-1/1 alongwith copies of documents Ex.C-1 and C-2 closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Contents of affidavit Ex.CW-1/1 of complainants gets corroboration from terms of brochure Ex.C-1 as if OP professed that the scheme in question is Punjab Govt. approved scheme under which plots of sizes of 100/200 sq. yards will be provided to the buyers. Agreement of sale Ex.C-2 is also placed on record by complainants to establish that amount of Rs.3,12,500/- was received by OP from complainants as earnest money for allotting Plot No.813 measuring 125 sq. yards situate in village Dappar, Tehsil Dera Bassi, District Mohali. Total balance sale consideration mentioned as Rs.9,37,500/- in this agreement Ex.C-2. Earnest money was 25% of the total sale consideration amount, but balance amount of 20% was payable after 90 days, and more 20% balance after 180 days etc.. Last date for execution and registration of sale deed was fixed as 31.08.2013 through Clause No.4 of Ex.C-2. So certainly submissions advanced by counsel for complainants has force that OP promised to execute the sale deed by 31.08.2013, but after receipt of entire sale consideration amount.
6. Clause-6 of Ex.C-2 specifically provides that in case clearances/approvals from authorities concerned due to technical defects not got, then the purchaser will be entitled for refund of earnest money without any compensation for losses etc. This condition is harsh and oppressive being exclusively introduced for saving skin of OP. As OP through brochure Ex.C-1 advertised that the project in question is approved by Punjab Govt., but that is not the actual position and as such certainly OP misrepresented the complainants and others regarding receipt of approvals from Govt. authorities. In view of this misrepresentation publically made by OP to complainants and other prospective buyers, certainly it has to be held that OP adopted unfair trade practice in floating the project in question for amassing wealth from gullible prospective buyers. Being so, certainly it is a case in which refund of entire paid amount should be ordered with interest @ 12% per annum from the date of filing of complaint namely 26.08.2016 till payment. Receipt of payment of extra amount of Rs.70,000/- even is produced on record and as such certainly complainants able to establish as if they deposited Rs.3,82,500/- in all till date. Interest from the date of deposit not granted because of vague and general allegations contained in the complaint as to the dates or timing of approach to OP for refund or of seeking possession. Rather contents of complaint itself establishes that complainants visited site in question on 19.08.2016 only for finding as if desired development activity not carried out for rendering the project site as habitable. Complainants themselves remained mum until 19.08.2016 after entering into agreement Ex.C-2 dated 07.03.2013, despite the fact that possession was to be got by them before 31.08.2013, on payment of entire balance sale consideration amount and as such fault also lies with complainants in not taking steps at the earliest either for seeking refund of the paid amount or for prevailing upon OP to execute and register the sale deed. As no development activity on the spot carried out, as per promise and as such certainly complainants suffered mental agony and harassment resulting in filing of this complaint, due to which complainants entitled for compensation for mental agony and harassment and also to litigation expenses but of reasonable amount.
9. As a sequel of above discussion, complaint is allowed in terms that the OP will refund the received amount of Rs.3,82,500/- with interest @ 12% per annum with effect from the date of filing of complaint namely 26.08.2016 till payment. Compensation for mental harassment and agony of Rs.20,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainants and against the OP. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of order.
Since there is shortage of postal stamps in this Forum, therefore, the parties through their counsel are directed to receive free certified copy of the order by hand and it is the responsibility of the learned counsel for the parties to inform them accordingly. This direction issued by following the principle laid down by Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh in Consumer Complaint No.956 of 2017 titled as Partap Rai Sharma Vs. Greater Mohali Area Development Authority (GMADA), decided on 25.01.2018. File be indexed and consigned to record room.
Announced
February 09, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
(Mrs. Natasha Chopra)
Member
