BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.496 of 2016

Date of Instt. 22.12.2016

Date of Decision: 18.12.2018

Paramjit Singh S/o Gurmit Singh R/o BP-3 Main Road Bashirpura Industrial Area, P.O. Rama Mandi Tehsil and Distt. Jalandhar through Sh. Gurmit Singh S/o Makhan Singh R/o BP-3, Main Road Bashirpura Industrial Area, P. O. Rama Mandi Tehsil and Disttl Jalandhar.

..........Complainant

Versus

1. Nature Farms and Real Estate Pvt. Ltd. Through its Managing Director Street No.09 Sunder Nagari Hanumangarh Road Abohar, Punjab.

2. Nature Farms and Real Estate Pvt. Ltd. Through its Managing Director Branch Office Chotti Baradari Market Near Taj Hotel Jalandhar City.

3. Niraj Arora Managing Director, Nature Farm of Real Estate Pvt. Director Street No.09 Sunder Nagari Hanumangarh Road Abohar, Punjab.

4. Sanjeev Sharma S/o not known Manager Nature Farms and Real Estate Pvt. Ltd. Branch Office Chotti Baradari Market Near Taj Hotel Jalandhar City at present R/o Village Dhilwan (Mandirwali Gali) P. O. Dakoha Distt. Jalandhar.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Harvimal Dogra (Member)

Present: Sh. A. S. Saini, Adv Counsel for the Complainant.

OP No.1 to 3 exparte.

Sh. H. S. Kohli, Adv Counsel for the OP No.4.

Order

Karnail Singh (President)

1. This complaint has been filed by the complainant, wherein alleged that the OP No.1 is engaged in the business of Real Estate including the construction and development of residential and commercial complexes and the OP No.2 is the Managing Director of the OP No.1. The OP No.4 was known to the complainant and he is the manager of the OP No.1 and OP No.3 and 4 shown a zonal plan of a colony and offered and included the complainant to purchase a plot in the said residential colony being developed by the OP No.1 on Garshankar-Anandpur Sahib Highway. On the offer and inducement of the OP No.1 and 4, the complainant agreed to purchase and the OP agreed to sell a plot No.509 measuring 2000 sq. ft for total consideration of Rs.3,50,000/- in a colony being developed by the OP told by them to being developed in an area of 50 Acres and the complainant accordingly made the full and final payment of above said amount of Rs.3,50,000/- vide written agreement dated 16.03.2013 duly signed by the OP No.2 and 4.

2. That after the receipt of the above said amount of Rs.3,50,000/-, OP has failed to deliver the possession of the plot because the OP has failed develop the colony as promised by them. The complainant approached the OP at their office in Chhoti Baradari Market near Taj Hotel, Jalandhar and the OP No.4, who was sitting in the said office had finally told the complainant that the company has failed to execute the project and the company shall refund the amount and is now ready to pay the interest @ 16% per annum on the amount of Rs.3,50,000/- lying deposited with the company. On this, the OP issued 35 different post dated cheques of Rs.3500/- each per month starting from April 2013 till March 2016 as interest drawn on Punjab National Bank, Gaushala Road, Abohar, Distt. Ferozepur from the account No.3449005900000048 and handed over to the complainant through the OP No.4 and the 25 cheques each amounting to Rs.3500/- out of these cheques were cleared when presented by the complainant in his account No.002-101-10100814101 in his account in the Citizen Urban Co.-operative Bank Ltd. Partap Bagh Branch Jalandhar and thus, OP made the payment of Rs.87,500/- continuously till the month of April, 2015. The complainant presented remaining the cheque No.124872 to 124882 drawn on Punjab National Bank, Gaushala Road, Abohar, Distt. Ferozepur issued by the OP in his account in Citizen Co-Operative Bank, Partap Bagh Jalandhar and all the above said cheques were dishonored, vide different Bank Memos with remarks 'Amount Blocked' by the OP. That later on the OP has made the payment of Rs.7000/- in cash to the complainant for cheque No.124872 and 124873 dated 11.05.2015 and 11.06.2015 after taking the bounced original cheque from the complainant requested the complainant not to issue a legal notice for the remaining bounce cheques as the OP will make the payment for the said cheques also in cash. Therefore, on the request of the OP, the complainant did not issue the OP a legal notice for the cheque No.124874 to 124881 within the stipulated time because the OP assured the complainant that the OP shall make the payment of the amount of the said chques in cash before 29.02.2016, but the OPs have failed to do so and as such, there is a deficiency in service on the part of the OPs and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay balance amount of Rs.4,69,232/- along with damages of Rs.10,00,000/- i.e. in total Rs.14,69,232/- as on 30.11.2016 along with interest @ 16% per annum, till realization and further OPs be directed to pay litigation expenses of Rs.20,000/-.

3. Notice of the complaint was given to the OPs and accordingly, a notice was served to OPs No.1 to 3, but despite service OPs No.1 to 3 failed to appear and ultimately, OP No.1 to 3 were proceeded against exparte, whereas OP No.4 appeared through its counsel and filed written reply, whereby contested the complaint by taking preliminary objections that the complaint is not maintainable, since the complainant has concealed the material facts from the Forum and further alleged that the OP No.4 is not manager of Nature Farms and Real Estate Pvt. Ltd. It is further averred that the OP No.4 was requested by OP No.1 to stand as a witness in the agreement entered with the OP No.1 and complainant. It is further alleged that the present complaint is not maintainable in the eyes of law and the same has not been properly verified as required under the provision of the Consumer Protection Act. It is further submitted that the complainant has filed the complaint with the sole motive of pressuring and harassing the answering OP and therefore, the complaint is liable to be dismissed. On merits, all the averments as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant qua answering OP is not maintainable and the same may be dismissed.

4. In order to prove the case of the complainant, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.C-1 along with some documents Ex.C-2 to Ex.C-21 and then closed the evidence.

5. Similarly, counsel for OP No.4 tendered into evidence affidavit Ex.OP-4/A along with document Ex.OP4/1 and closed the evidence.

6. We have heard the learned counsel for the respective parties and also gone through the case file very minutely.

7. After hearing the argument and from the pleading of the party, it reveals that the allegations of the complainant qua OP No.4 that he is a manager of the OP No.1 is not established because the agreement executed between the complainant and OP No.1, which is Ex.C-4 itself established that the OP No.4 does not appear as a manager of the OP No.1/Company in the said agreement rather he put his signature as an independent witness, if so, then there is no liability on the part of the witness of the agreement and as such, the complaint of the complainant qua OP No.4 is without merits and the same is dismissed.

8. So for the concern of the claim of the complainant qua OP No.1 to 3 is related, the same is established because the version of the complainant is not rebutted by the OP No.1 to 3 by appearing in the Forum despite service.

9. Furthermore, the complainant alleged that he entered into agreement to purchase a plot No.509, measuring 2000 sq. ft., for a total consideration of Rs.3,50,000/- and he paid the said amount on 16.03.2013, but the OP No.1 to 3 failed to deliver the possession of the plot because the OPs have failed to develop the colony as promised by them and thereafter, the OP issued 25 cheques, which was cleared for total amount of Rs.87,500/-, but the other cheques given by the OP to the complainant were bounced and despite repeated request, the amount of the said bounced cheques was not paid except the amount of two bounced cheques bearing No.124872 and 124873 and as such, the complainant is entitled for reimbursement of the remaining amount from the complainant, which comes to Rs.4,69,232/- as calculated by the complainant with interest till 30.11.2016 and as such, we find that the complainant is entitled for the said calculated balance amount along with compensation of Rs.50,000/- and accordingly, the complaint of the complainant is partly accepted and OPs No.1 to 3 are directed to pay the aforesaid amount to the complainant within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Harvimal Dogra Karnail Singh

18.12.2018 Member President