Punjab

Fatehgarh Sahib

RBT/CC/698/2018

Raj Kumar - Complainant(s)

Versus

National Consumer Awareness Group Society - Opp.Party(s)

Rajesh Gupta

18 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                             COMMISSION

                      FATEHGARH SAHIB

 

RBT No	:	CC/698/2018
Complaint No.	:	RBT/CC/698/2018
Date of Institution	:	04/07/2018
Date of Decision	:	18.05.2023

 

Raj Kumar S/o Sh.Joginder Lal Chopra R/o H. No.2166/1, Sector 38-C, Chandigarh.

                                                                                                                     …………....Complainant

                                                Versus

 

National Consumer Awareness Group Society (Regd.), Head Office:175, Sector 45-A, Chandigarh through its Chairman Lt. Col. P.J.S. Mehta.

 2^nd Address: National Consumer Awareness Group Society (Regd.),  through its Chairman Lt.Col.P.J.S.Mehta, Babe ke, Near Furniture Market, Sector 53, Chandigarh.                                                                            

                                                                   ..………....... Opposite Parties

 

Complaint under Section 12of Consumer Protection Act 1986(Old)

Quorum

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

 

Present: Sh. Rajesh Gupta, Counsel  for the  complainant (through VC).

              OP Ex-Parte vide order dated 15.11.2021

 

 

 

 The  complaint has been filed against the OPs (opposite parties) , Under Section 12 of Consumer Protection Act-1986 (old) alleging deficiency in service with the prayer for giving direction to the OP  to refund amount of Rs.3,38,500/- paid on account of booking of flat alongwith interest @ 18%  and to pay  Rs.2 Lac as compensation to complainant.

1.   The  complainant  became a member of the OP’ society  by paying an amount of Rs.1000/- on 20.12.2005 and was allotted membership no.2110.  The OP  told the complainant that he was in the process of buying land at a good location in  Mohali and all the members  had to pay money for the said purpose . Complainant paid an amount of Rs.3,00,000/- on account of land cost for (HIG Super 4 Bed Room Flat)  vide receipt no.1033 dated 22.12.2005 .    Complainant  further paid an amount of Rs.37500/- on account of margin money vide receipt no.1137 dated 14.03.2006 . The complainant  paid a total sum of Rs.3,38,500 to the OP. Thereafter the complainant approached the OP’ society  through its chairman ,  a number of time to inquire about the progress of the housing project . In  Feb. 2017 , he  came to know that instead of buying land at Mohali , the society had purchased land at village Chappar Chirri, District Mohali for the construction of flats and OP’ society was not having necessary approval/sanctions/permission  from the different authorities for execution of the project . OP without obtaining necessary approvals ,  floated the scheme and collected money from the members of the Society. The complainant  immediately wrote to the Chairman of society informing him that due to delay in the project he was no more interested to remain member of the society and requested for refund of his amount .  But the OP failed to do so. Hence this complaint.
2. Notice of the complaint was given to the OP through registered Post, OPs appeared through his Counsel  and filed  written version. Lateron  the OP was proceeded against Ex-parte vide dated 15.11.2021.
3.        The complaint has been contested by the OP and filed written version, raised preliminary objections.  The OP contested that  Hon’ble Punjab and Haryana High  court  vide order  dated 11.8.2016 passed in CWP-21547 of 2014 constituted a committee for refund of the amount deposited by the members of the OP society. So the members of the Society may approach the aforesaid committee for refund of their amount.
4. In support of his complaint, complainant has tendered in evidence his affidavit Ex.CW1/1, copies of documents i.e Ex.C1 membership card, Ex.C2 Identity card, Ex.C3 and Ex.C4 receipts of payment, Ex.C5 membership  Certificate , Ex.C6 surrender letter dated 1.3.2017.
5. From the perusal of the record on file  , it transpires that Hon’ble  Punjab & Haryana  High Court is  seized of the matter as per annexure R1. It is also  admitted by Ld. Counsel for the complainant that Hon’ble  High Court is  seized of the matter.  So this complaint is   disposed off with the  direction to the  complainant  to approach  the committee constituted by the Hon’ble High Court vide order dated 11.8.2016 passed in SWP 21547 of 2014. Certified copies of the order be issued to the parties under the Rules.  Thereafter file be consigned to the record Room.

Pronounced 18 May 2023

                            

                                                                                                 (S.K. Aggarwal)

                                                                                                  President

 

                                                                    

                                                                                               (Shivani Bhargava)

                                                                                                          Member