Haryana

Karnal

CC/388/2017

Deepak - Complainant(s)

Versus

Nature Heights Infra Limited - Opp.Party(s)

Jasbir Singh Mratha

02 Jan 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                         Complaint No.388 of 2017

                                                         Date of instt. 20.11.2017

                                                         Date of decision:02.01.2019

 

Deepak aged 35 years son of Shri Chander Pal, resident of village Uncha Samana, District Karnal.                                                                                                                                                                                                                                   …….Complainant

                                        Versus

 

1. Nature Heights Infra Limited, SCO 46, 1^st floor, Main Market, above Canara Bank, Karnal. (given up vide order dated 27.2.2018).

2. Nature Heights Infra Limited, registered office at 9, Sunder Nagri, Hanumangarh Road, Abohar (Pb.) through its Authorized Person/Director.

 

                                                                      …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act. 

         

Before   Sh. Jaswant Singh……President.  

                Sh. Vineet Kaushik………Member

                Dr. Rekha Chaudhary……Member

 

 Present:  Shri Jasbir Singh Advocate for complainant.

                   OP no.1 given up.

                   OP no.2 exparte.

         

                   (Jaswant Singh President)

 

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant booked a plot bearing Ref. no.ID-10040525/135212 measuring 1000 sq. feet for a consideration of Rs.7,25,000/- situated in Anandpur Sahib at Punjab from the OP. In this regard an Agreement to sell was executed by the official of the OP in favour of the complainant on 8.9.2012. It was further agreed that the aforesaid amount may be paid in 10 installments as Rs.74,494/- half yearly. The complainant paid a sum of Rs.5,21,458/-. The 7^th installment was paid on 27.2.2016. At the time of giving 8^th installment when the complainant went to the office of the OP at Karnal, the said office has been closed. After that complainant contacted the OP at the office of Abohar (Pb.) but the official of the OP did not give satisfactory reply to the complainant. At the time of allotment of the plot, the complainant was assured by the OP that the possession of the aforesaid plot will be handed over to the complainant after completing of roads and other basic amenities like water, sewerage work etc. However, the OP did not meet their commitment. But the OP could not receive the CLU and NOC from the Government, then the question does not arise to handover the possession of the plots. It is further alleged that a criminal case has been registered against the CMD and 7 other officials of the company/OP according to the News published in the Punjab Kesri News paper dated 12.11.2017. The complainant requested the OPs several times to return the aforesaid amount but OP always postponed the matter on one pretext or the other. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs. OP no.2 did not appear and proceeded against exparte by the order of this Forum dated 2.7.2018.

3.             OP no.1 given up vide order dated 27.2.2018.

4.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C10 and closed the evidence on 5.12.2018.

5.            We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

6.             The case of the complainant is that the complainant booked a plot measuring 1000 sq. ft. for a consideration of Rs.7,25,000/- situated in Anandpur Sahib at Punjab from the OP and in this regard an agreement to sell was executed on 08.09.2012 between the parties. The amount was to be paid in 10 installments upto 27.02.2016. When the complainant went to the office of OP at Karnal for paying the 8^th installment, he was astonished by seeing that the office of the OP has been closed. After this the complainant contacted the OP at their office at Abohar (PB), but the official of the OP did not give satisfactory reply to the complainant. At the time of allotment of the plot, the complainant was assured by the OP that the possession of the abovesaid plot will be handed over to the complainant after completion of the roads and other basic amenities like water, sewerage work etc. However, the OP did not met their commitment. The complainant asked the OP to refund the amount deposited by him with them in the shape of 7 EMI’s alongwith interest but OP refused to do so. To prove his version complainant filed his affidavit Ex. CW1/A and documents Ex.C1 to Ex.C10. Thus, the evidence of the complainant has gone unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. Hence it is well proved that OP no2 is deficient and entitled to refund the money deposited by the complainant.

Hence the OPs are deficient.

7.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP no.2 to refund the amount of Rs.5,21,458/- with interest @ 12% per annum from the date of respective deposits till the date of realization. We further direct the OP no.2 to pay Rs.20,000/- as compensation for rendering deficient services. We further direct the OPs to pay Rs.5500/-to the complainant towards litigation expenses. The entire amount be paid by the OPs to the complainant within period of 45 days from the date of receipt of the order otherwise it will carry interest @ 15% per annum till realization and it calls for pointed notice that under section 27 of the Act, if the OPs fails or omits to comply with this order, it shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to 3 years or fine or both The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 02.01.2019

                                                                        President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

 

                     (Vineet Kaushik)     (Dr. Rekha Chaudhary) 

                        Member                       Member