DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 422 of 10.10.2016
Decided on: 12.1.2018
Deepak Goyal s/o Ram Suhai, Ward No.12, Guru Nanak Mohalla, Patran, District Patiala.
…………...Complainant
Versus
1. Nature Heights Infra Ltd.9, Sunder Nagri, Abohar, through its Managing Director MD Punjab.
2. Nature Heights Infra Ltd. Branch Office Chhoti Baradari, Patiala through its Regional Manager.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Rajiv Lohatbaddi,Advocate, counsel for complainant.
Opposite parties No.1&2 ex-parte.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Deepak Goyal, complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To refund the amount of Rs.1,87,000/-along with interest @24% P.A.
- To pay Rs.2,00,000/- as compensation for causing mental agony and physical harassment and also for unfair trade practice & deficiency in service.
- To pay Rs.50,000/- at litigation expenses and
- To grant any other relief, which this Forum may deem fit.
2. In brief, the case of the complainant is that the OPs advertised a project namely “Talwara Township Phase-1”, in the year 2011 with certain terms and conditions and offered “Early come and serve basis” for delivering constructed plots with all the facilities i.e. basic amenities roads, light, electricity, sewerage etc. Allured from the said offer, the complainant, booked plot of 2000 sq. feet located in the project of OPs, on the basis of agreement dated 31.10.2011. Project lay out was also delivered to the complainant. As per the agreement the complainant had to pay a total amount of Rs.2,50,000/- at once or the same could be paid in four yearly installments. The OPs were also bound to take all type of NOC’s permission and income tax clearance within fifteen months from the month of October, 2011. The complainant paid three installments regularly. In the month of October, 2014, at the time of depositing final installment, he enquired, from the OPs about the status of NOC’s and all other permissions with regard to the project. Every time the OPs assured him that they have completed all the formalities including change of land usages (CLU) and would get permission within one or two months. Assurance was also given to the complainant that last installment should be taken at the time of sale deed. The complainant time and again requested the OPs for the execution of the sale deed and for getting the last installment deposited. He also requested the OPs for supplying the copies of all the NOC’s and income tax clearance but the OPs failed to supply the said copies of documents. He visited the office of the OPs at Abohar and requested to show the present position of the project but the OPs declined his request. Ultimately on 10 December, 2015, when he visited the site of project, he was astonished that the land in question was agricultural land and the OPs had not converted it into residential colony. Thereafter, OPs gave assurance to the complainant that all the formalities with regard to NOC’s would be completed and would get the permission within two months and would construct roads and install other amenities in the side of project but the OPs failed to fulfill their promise. The act and conduct of the OPs amounted to deficiency in service on their part, which caused mental agony and physical harassment to the complainant. Hence this complaint.
3. On being put to notice, the OPs failed to come present despite service and were accordingly proceeded against exparte.
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence affidavit of the complainant, Ex.CA, alongwith documents Exs.C1 to C7 and closed the evidence of the complainant.
5. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. Ex.C1 is the copy of agreement for sale, executed on 31st October, 2011 between the parties. As per the said agreement, the total price of the intended property to be sold was fixed at Rs.2,50,000/-, which was to be paid in easy installments of Rs.62,500/- yearly within four years. It is mentioned in the agreement that on completion of sale price, the vendor would execute sale deed in favour of purchaser after passing of three months period to enable the Company to scrutinize the entire a/c. By that time the vendor would obtain all kinds of NOC, Permission and Income Tax clearance. It is also mentioned in the agreement that the actual and physical possession would be delivered at the spot only on registration of Sale deed.
7. The complainant has contended that he paid three installments of Rs.62,500/- each to the Ops, but when he went to deposit the 4th installment then the Ops told him that he could deposit the amount of the 4th installment at the time of executing the sale deed but till date, no sale deed has been executed in his favour by the Ops. As such they have violated the terms and conditions of the agreements, therefore, he is entitled to get the refund of the amount deposited by him with the Ops alongwith interest. This contention of the complainant, which is duly supported by his affidavit, has gone un-rebutted, as the O.Ps instead of contesting the case have preferred not to appear before this Forum. As such we have no reason to disbelieve this contention of the complainant. From the copies of the receipts Exs.C2& C3, issued by the Ops, it is evident that the complainant made the installment of Rs.62,500/-each on 2.10.2012 and 4.10.2013, thereby having paid a total sum of Rs.1,25,000/-. Since the Ops have failed to abide by the terms and conditions of the contract entered with the complainant, therefore, they are liable to refund the amount deposited by the complainant with interest. In the case of Ms. Sneh Sood Vs. M/s Bajwa Developers Ltd., our own Hon’ble State Commission, vide its order dated 23.2.2017, has held that “ if the promoter/builder fails to give possession in accordance with the terms of the agreement of a plot or an apartment then it is liable to refund the amounts already received in respect of the plot or apartment with simple interest @ 12% per annum, as per Section 12 of Punjab Apartment and Property Regulations Rules,1995, read with rule 17 of Rules framed there under. In view of the law laid down by the Hon’ble Higher courts, the complainant is entitled to get interest @12% per annum, on the amount lying deposited with the OPs, from the respective dates of deposits till the date of actual payment. The complainant is also entitled to get compensation on account of mental agony and physical harassment suffered by him along with litigation expenses.
7. In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner:
- To refund the amount of Rs.1,25,000/- to the complainant along with interest @12% per annum from the respective dates of deposits till actual payment.
- To pay Rs.10,000/- as compensation for causing mental agony and physical harassment to the complainant.
- To pay Rs.5,000/- as litigation expenses.
The Ops are further directed to comply the order within a period of 45 days from the date of the receipt of certified copy of this order. Certified copy of this order be sent to the parties free of cost under the rules. Thereafter file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:12.1.2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
