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

Consumer Complaint No.449 of 2017

                                                Date of institution:  30.06.2017                                             Date of decision   :  19.06.2019

Ritu Chhatwal wife of Kamal Chattwal, resident of House No.2053/1, Sector 45-C, Chandigarh.

…….Complainant

Versus

1.     M/s. Universe Colonizers Private Limited through its Managing Director Shri Jaswinder Singh son of Shri Bhagwant Singh, Chandigarh Ambala Road, Near Toll Plaza, Village Dappar, Tehsil Derabassi, District Mohali.

        Second Address:

        House No.3506, Sector 69, Mohali.

        Third Address:

        SCO 55, Phase 9, Top Floor, Mohali.

2.     M/s. Universe Colonizers Private Limited through its Partner Shri Paramjit Singh, Chandigarh Ambala Road, Near Toll Plaza, Village Dappar, Tehsil Derabassi, District Mohali.

Second Address:

        House No.3506, Sector 69, Mohali.

        Third Address:

        SCO 55, Phase 9, Top Floor, Mohali.

3.     Sukhpreet Singh, Director M/s. Universe Colonizers Pvt. Ltd., Resident of # 1320, Sector 68, Mohali, Mobile No.9915600055.

4.     Pritpal Singh, Director M/s. Universe Colonizers Pvt. Ltd., Resident of House No.937, Phase 11, SAS Nagar, Mohali, Mobile No.9646050005.

                                                            ……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Complainant in person.

                OPs No.1, 2, 3 and 4 ex-parte.

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

Order

               Complainant booked one plot No.709 of 125 sq. yards in area of village Dappar, Tehsil Derabassi, District Mohali vide agreement dated 21.09.2012 by agreeing to pay Rs.11.00 lakhs. Earnest amount of Rs.2,75,000/- was paid to OPs on 21.09.2012. Possession of the flat was agreed to be handed over soon, but complainant got knowledge as if requisite sanctions/approvals from the competent authorities have not been obtained by OPs and despite that agreement referred above has been executed in favour of complainant. OPs failed to show progress at the site and possession even has not been handed over. On personal visits by complainant to office of OPs, no satisfactory reply received and that is why request letter dated 02.12.2016 for refund of deposited amount sent and thereafter this complaint filed for seeking refund of deposited amount of Rs.2,75,000/- with interest @ 12% per annum from 21.09.2012 till realisation. Compensation for mental harassment and agony of Rs.1,50,000/-, but compensation for deficiency in service of Rs.1.00 lakh and for adoption of unfair trade practice of Rs.1.00 lakh alongwith litigation expenses of Rs.1.00 lakh more claimed.

2.             All the OPs are ex-parte in this case.

3.             Complainant to prove her case tendered in evidence her affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-5 and then she herself closed evidence.  

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

5.             Copy of agreement of sale produced to show that complainant booked plot No.709 having area of 125 sq. yards with OPs on 21.09.2012 by agreeing to pay Rs.8,800/- per sq. yard or Rs.11.00 lakhs in all. Receipt Ex.C-2 endorsed on back of this agreement Ex.C-1 alongwith contents of Clause-2 of agreement Ex.C-1 establishes that Rs.2,75,000/- were paid as earnest amount to OPs on 21.09.2012. Perusal of Clause-4 of this agreement establishes that sale deed was to be got registered on or before 31.07.2013, but perusal of Clause-6 establishes that in case land on which plot sold, is not cleared/approved by authorities due to technical defects, then the purchaser (complainant) will be entitled for return of earnest amount without any compensation for losses etc. So all this establishes that possession was to be handed over on or before 31.07.2013 and requisite approvals/sanctions from the competent authorities were not obtained at the time of entering into agreement in question or acceptance of amount of Rs.2,75,000/-. Acceptance of amount without obtaining sanctions/approvals amounts to violation of Section 5 of PAPRA Act. As no development activity carried on the spot and that is why possession could not be delivered. So, complainant sought refund of deposited amount by issue of notice Ex.C-5 through postal receipts Ex.C-3 and Ex.C-4. In view of Section 12 of PAPRA Act read with Rule 17 thereof, complainant entitled for refund of deposited amount of Rs.2,75,000/- with interest @ 12% per annum from the date of deposit till payment.

6.             As a sequel of above discussion, complaint allowed by directing OPs to refund the received amount of Rs.2,75,000/-   (Rs. Two Lakhs Seventy Five Thousand only) with interest @ 12% per annum from the date of deposit namely 21.09.2012 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 amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order, failing which the complainant will be entitled to interest @ 7% per annum on the amounts of compensation and litigation expenses from today till payment. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

June 19, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member