DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.546 of 2016 Date of institution: 05.09.2016 Date of decision : 09.11.2017
Ashwani Kumar son of Mager Ram, House No.1751-A, Phase-10, SAS Nagar, Mohali 162500.
……..Complainant
Versus
1. M/s. Yellowstone Builders Private Limited, Site Office at Yellowstone Land Mark Infocity, Sector 66-A, SAS Nagar, Mohali Punjab through its Managing Director Tejinder Singh.
2. M/s. Sukhm Infrastructures Private Limited, Office at SCO No.123-124, 3rd Floor, Sector 17-C, Chandigarh through its Managing Director Tejinder Singh.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
Quorum
Shri Ajit Pal Singh Rajput, President
Mrs. Natasha Chopra, Member.
Present: Shri Vivek Mohan Sharma, cl. for the complainant.
OPs ex-parte
ORDER
By Ajit Pal Singh Rajput, President
Complainant Ashwani Kumar has filed the present complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant is employee of M/s. Philips India Limited and being member of the Employees Union, he booked a residential apartment with the OP by paying Rs.20,000/- alongwith booking application form. On the demand of the OPs, the complainant deposited cheque dated 12.05.2012 for Rs.1,55,000/- with the OPs vide receipt dated 22.05.2012. The OPs vide letter dated 16.07.2012 confirmed about the registration of one No’s 400 (EWS) at Yellowstone Residencies in the IT Integrated Township (Philips Tower) “Yellowstone Landmark Infocity” in Sector 66-A, SAS Nagar (Mohali) in the name of the complainant. Thereafter the OPs vide letter dated 20.01.2013 demanded a sum of Rs.87,500/- but the complainant raised his objection regarding demand of amount even prior to start of construction work and informed the OPs that the amount would only be deposited when the construction work will start at the site. As per the terms of buyer’s agreement dated 17.05.2012 entered into between the OPs and the Philips India Private Limited Employees Union, the OPs were under contractual obligation to complete the construction work within tentative period of 18 months from the date of agreement with extended tenure of 6 months. However, the OPs failed to start the construction work upto December 2014, and ultimately the complainant requested the OPs to refund the entire deposited amount of Rs.1,75,500/-. The OPs assured the complainant that they will refund the entire amount of the complainant within two months but till date the amount has not been refunded to the complainant. The OPs with dishonest intention received hard earned money of the complainant with the pretext of selling residential apartment at very affordable rates which act of the OPs shows that they have indulged in unfair trade and committed deficiency in service. Hence, this complaint for giving directions to the OPs to refund Rs.1,75,500/- alongwith interest @ 18% per annum; to pay him the bank charges on account of dishonour of cheque of the OPs; to pay him Rs.1,00,000/- on account of harassment, humiliation, mental agony besides financial loss and Rs.22,000/- as costs of litigation.
3. Registered notice sent to the OPs by this Forum received back with the report of postal authorities that the OPs have refused to accept the notice. Thus, as per provisions of Section 28 A (3) of the Consumer Protection Act, the Ops were proceeded against ex-parte vide order dated 17.02.2017.
4. In order to prove the case, the complainant tendered in evidence his affidavit Ex.CW-1/1; copies of booking application Ex.C-1; receipt dated 22.05.2012 Ex.C-2; letters dated 16.07.2012 and 20.01.2013 Ex.C-3 & C-4 and buyers agreement dated 17.05.2012 Ex.C-5.
5. The learned counsel for the complainant has argued that the complainant booked residential apartment in the project of the OPs at Sector 66-A, SAS Nagar vide Ex.C-1 and paid Rs. 1,75,000/- vide receipts Ex.C-2. Learned counsel has submitted that as the OPs as per condition No.6 (a) of buyers agreement Ex.C-5 the development of the apartment was likely to be completed within a tentative period of construction 18 months from the date of agreement with extended tenure of six months. However, as there was no development at the site the complainant sought refund of the amount which has not been refunded till date. Learned counsel has thus prayed for allowing the complaint.
6. After hearing the learned counsel for the complainant and going through the pleadings, evidence and the written as well as oral submissions, it is established that the complainant booked the residential apartment in the project of the OPs at Sector 66-A, SAS Nagar vide application form Ex.C-1 and the OPs vide letter dated 22.05.2012 Ex.C-2 confirmed booking of residential apartment in the name of complainant and also receipt of Rs.1,75,000/-. The basic sale price of the apartment is Rs.8,75,000/- and the complainant had opted for Construction Linked Plan. As per Clause 6 (a) of Buyers Agreement Ex.C-5 the development of the apartment was likely to be completed within a tentative period of construction 18 months from the date of agreement with extended tenure of six months. However, the OPs failed to start the construction and ultimately the complainant requested the OPs for refund of the amount. The OPs refused to accept the notice sent by this Forum. The whole purpose of pleadings is to give fair notice to each party of what the opponent’s case is and to ascertain with precision the point(s) on which the parties argue and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made therein are deemed to have been admitted. No amount of evidence can be looked into upon a plea, which was never put forward in pleadings. As such, the evidence adduced by the complainant remains unrebutted. The OPs cannot withhold the amount deposited by the complainant and are liable to refund the same along with interest. The Hon’ble State Consumer Disputes Redressal Commission in Ms. Sneh Sood Vs. M/s. Bajwa Developers Ltd. in Consumer Complaint No.240 of 2016 decided on 23.02.2017 has ordered refund of the deposited amount of the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund.
7. Accordingly, in view of our aforesaid discussion, we direct the OPs to refund the deposited amount of Rs.1,75,000/- (Rs. One Lakh Seventy Five Thousand only) to the complainant alongwith interest @ 12% per annum from the date of deposit of different amounts till the date of actual refund. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due to the negligent act of the OPs and litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed accordingly.
The OPs are further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 12% per annum from the date of this order till realisation.
The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. The complaints could not be decided within the stipulated timeframe, due to heavy pendency of cases. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 09.11.2017
(A.P.S.Rajput)
President
(Mrs. Natasha Chopra)
Member
