DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

Consumer Complaint No.275 of 2015

                                                Date of institution:  04.06.2015                                              Date of decision   :  06.12.2021

Sandeep Kumar son of Shri Raj Karan, resident of Opp. Bikaneri Chungi City Fazilka, District Fazilka.

…….Complainant

Versus

National Consumer Awareness Group Society (Regd.) through its Chairman Lt. Col. P.J.S. Mehta, Babe Ke, Near Furniture Market, Sector 53, Chandigarh.

                                                      ……..Opposite Party  

Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Ms. Gagandeep Gosal,  Member

Present:    Shri P.S. Miglani, counsel for the complainant.

                None for the OP.

Order dictated by :-  Shri Sanjiv Dutt Sharma, President.

Order

               The present order of ours will dispose of a complaint under Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as ‘OP’ for short), on the ground that the OP is a society registered under Societies Registration  Act, 1960, floated a scheme under which the registered members of the society could have purchased the flats after obtaining membership by paying an amount of Rs.1,000/- as membership fee. According the CC subscribed the membership of the society and was also issued an identity card dated 12.10.2005 and became member of the OP Society. The OP announced to construct residents in the Urban Estate of SAS Nagar (Mohali) and offered to purchase four bedroom set or three bed room set and accordingly the project scheme was informed to the members. It was informed by the OP, that even the land has been purchased by the OP in Sector 92 of Urban Estate, Mohali and the CC was asked to deposit Rs.1,51,000/- in lieu of the land which the CC deposited vide draft No. 670996 dated 07.10.2005 drawn on Central Coop. Bank. The CC further deposited the balance payment of Rs.75,000/- on 31.01.2006 vide cheque No.037303 dated 31.01.2006. As per the requirement of the scheme, the CC also deposited Rs.22,500/- as marginal money on 23.06.2006, which was paid through demand draft No.693886 dated 28.03.2006. The CC time and again approached OP to know the status of the construction of the flat but every time did not receive any satisfactory reply. The CC was told by the OP that the flat will be constructed at Mohali as the land under the scheme has been finalized. Subsequently, the CC came to know that the OP never had the approvals/permission from the Govt. for raising such type of flats. As such no progress could be made by the OP in this regard. It is averred that till date no flat was constructed by the OP and hard earned money of the CC is stuck with the OP.

                Thus terming the act of the OP by collecting the money towards the cost of the flat without even seeking approval of the Govt., amounts to unfair trade practice and deficiency in service.      The CC has sought refund of Rs.2,48,500/- alongwith interest @ 18% per annum from the date of deposit till refund. The CC has also sought consolidated amount of Rs.1,21,000/-  on account of mental agony and harassment and also towards litigation expenses. Complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.

2.             The OP failed to file written version and vide order dated 25.10.2016 the right of the OP to file written version was struck off.  After that, no document or evidence was submitted by the OP, despite the fact that one Shri Jasmandeep Singh, Advocate had been appearing on behalf of the OP on some dates. 

3.             The CC in support of his complaint tendered in evidence his affidavit Ex.CW-1/1 and documents Ex.C-1 to Ex.C-7.

4.             We have heard the counsel for the complainant and have gone through the file.

5.             The case was already adjourned to 15.12.2021 but in view of the orders dated 26.11.2021 of the Hon’ble State Commission issued under Endst.No.SCDRC/Pb/2021/10226 dated 26.11.2021, the case has been proponed for today and the counsel for the parties were also informed about preponement of the case for today.  The counsel for the complainant had appeared but the counsel for the OP did not appear.

6.             On 28.02.2018 counsel for the complainant has stated at bar in the Commission that the claim of the complainant will stand satisfied on encashment of cheque No.000417 dated 30.03.2018 for Rs.1,93,425/-, but during arguments today counsel for the complainant has stated that the cheque was not encashed.  As such it is ordered that the OP will pay the entire remaining amount to the complainant within 60 days from the date of receipt of free certified copy of this order alongwith interest @ 9% per annum. In case the OP failed to make the payment within 60 days from the date of receipt of free certified copy of this order, then the OP will be liable to pay interest @ 9% on the remaining amount of the complainant from the date of filing the complaint till actual payment. Free certified copies of this order be sent to the parties.   File be indexed and consigned to record room.

Announced

December 06, 2021

                                                                (Sanjiv Dutt Sharma)

                                                                President

                                                       I agree.

(Ms. Gagandeep Gosal)

Member