Punjab

Rupnagar

CC/18/93

Sh Devi Sant - Complainant(s)

Versus

Nature Heights Infra Ltd. - Opp.Party(s)

Smt Sofia Paul

24 Jan 2019

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                  Consumer Complaint No. : 93 of 08.10.2018

                                  Date of decision           :    24.01.2019

 

Devi Sant, son of Babu Ram, resident of 1694/9, Mohalla Gandhi Nagar, Tehsil & District Ropar (Punjab) 

                                                                    ......Complainant

                                             Versus

1. M/s Nature Heights Infra Limited, through Sh. Neeraj Thatai @ Neeraj Arora, (Managing Director) 9, Sunder Nagri, Near Children Park, Hanumangarh Road, Abohar (Punjab). 
2. Nature Heights Infra Limited, through Sh. Amit Kukar (Director) 9, Sunder Nagri, Near Children Park, Hanumangarh Road, Abohar (Punjab)
3. Nature Heights Infra Limited, through Sh. Jasvir Singh Branch Manager, Opposite Sabji Mandi, Nuhon Colony, Tehsil & District Ropar (Punjab) 
4. Sh. Jasvir Singh, son of Roop Lal, Village New Malikpur, PO Malikpur, Tehsil & District Ropar.

                                                                             ...Opposite Parties

 

                                    Complaint under Section 12 of the                                               Consumer Protection Act, 1986

QUORUM

 

                         SH. KARNAIL SINGH AHHI, PRESIDENT

                         CAPT. YUVINDER SINGH MATTA, MEMBER

ARGUED BY

 

Ms. Sofia Paul, Adv. counsel for complainant  

O.Ps. exparte 

 

                                             ORDER

               SH. KARNAIL SINGH AHHI, PRESIDENT

 

1.          Complainant has filed the present complaint seeking directions to the opposite parties to refund the amount of Rs.5,00,000/- along with interest @ 18% per annum from the date of investment till date; to pay Rs.2,00,000/- as compensation on account of harassment, mental agony and unfair trade practice; to pay Rs.30,000/- as litigation charges: to pay Rs.10,000/- to complainant on account of Misc. expenses; any other relief which this Hon’ble Forum may deem fit and proper in favour of the complainant and against the O.Ps.  

2.     Brief facts made out from the complaint are that the project of the O.Ps. company was situated at Village Darbaan Khas, Tehsil & District Pathankot, which was selling plots of different sizes of various prices. On 02.09.2014, the O.ps. company convinced to the complainant to book a plot of 3.2 kanal vide Ref ID No.10001989. The total price of the said plot was Rs.5,00,000/- and the said amount was to be paid on 02.09.2014. After depositing the full and final payment, the O.Ps. did not give the possession of the plot. Hence, this complaint.  

   3.    On being put to the notice, none appeared on behalf of O.Ps., accordingly, they were proceeded against ex-parte vide order dated 23.01.2019.

4.     On being called upon to do so, the learned counsel for the complainant has tendered duly sworn affidavit of complainant Ex.CW1/A along with documents Ex.C1 to Ex.C4 and closed the evidence.

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

6.     Complainant counsel Ms.Sofia Paul, argued that on the allurement of O.Ps, the complainant agreed to purchase a plot of 3.2 Kanal and the total amount was payable of Rs.5,00,000/-. On 02.09.2014, the complainant deposited full and final payment to the tune of Rs.5,00,000/- with the O.Ps and they entered into agreement for sale qua the plot of 3.2 Kanal with Khasra numbers. Vide this said agreement, the O.Ps. agreed to carve out the area/colony and on completion of basis amenities, possession of the plot was to be delivered to the complainant. In compliance to the said agreement (Ex.C1), the complainant deposited total amount of Rs.5,00,000/- then came to know that the office of the O.Ps. stands closed. No colony was carved out and various people told that fraud had been committed with the complainant. Before filing the complaint, the complainant had various times requested the O.Ps. either to deliver the possession of the plot or to refund the amount deposited by him along with interest. She further argued that the evidence led by the complainant his un-rebutted as none appeared on behalf of O.Ps, despite issuance of notice. Lastly prayed to allow the complaint with costs.

7.     This complaint was presented in the month of October 2018, with specific recital that on the allurement of O.Ps, the complainant agreed to purchase the plot i.e. why deposited Rs.5,00,000/- vide expression of interest cum agreement dated 02.09.2014. The complainant also relied upon the said expression of interest cum agreement Ex.C1, in which khasra numbers are mentioned, installment of Rs.5,00,000/- mentioned. Complainant placed on file various documents including the report of Jalandhar Development Authority that no license was ever issued to the O.Ps. and from the documents relied upon, this Forum has come to the conclusion that this Forum has the jurisdiction and complaint is maintainable.

 8.    Coming to the real controversy, whether the complainant has been able to prove deficiency on the part of O.Ps. or not. As held in earlier part of the order, expression of interest cum agreement Ex.C1, dated 02.09.2014 is on the file. Vide expression of interest cum agreement, the full and final payment was payable Rs.5,00,000/-, the plot is of 3.2 kanal  and the complainant deposited Rs.5,00,000/-. In support of the claim, complainant placed on file expression of interest cum agreement dated 02.09.2014. Beside this, complainant got issued legal notice dated 28.05.2018 to the O.Ps. through Advocate, Sofia Paul and after awaiting the adequate period filed the present complaint. This forum has gone through the agreement for sale dated 02.09.2014 vide which vender agreed to sell the property of Village Darbaan Khaas, Tehsil and District Pathankot. Further there are certain conditions like sale price of Rs.5,00,000/-. On payment, the sale deed was to be executed, after obtaining all kinds of NOC, permission then Income Tax clearances etc but till today O.Ps. neither carved out the colony nor gave the dimensions, even not issued NOC as well as Income Tax clearances. Rather in this forum, various complaint remains pending prior to the present complaint and despite notice none appeared on behalf of O.Ps. All the complaints stands already decided against the O.Ps. Moreso, the evidence led by the complainant is unrebutted. None appeared on behalf of O.Ps. despite issuance of notice. The complainant has been able to prove deficiency on the part of O.Ps. as O.Ps. received Rs.5,00,000/- but no effort to ful0fill the terms and conditions of the agreement to sell.  So, the complaint deserves to be allowed. The responsibility of O.Ps. No.1 to 4 is joint because OPs No.3 & 4 acted though in the capacity of Manager on behalf of O.Ps. No.1 & 2. They are liable to pay jointly and severally.

9.     In the light of discussion made above, the complaint stand allowed ex-parte with the directions to the O.Ps. to pay Rs.5,00,000/- with interest @ 8% per annum w.e.f. the respective date of deposited i.e. Rs.5,00,000/- 02.09.2014, along with cost of Rs.10,000/-.

10.   The O.Ps. are further directed to comply with the order jointly and severally within the period of two months from the date of receipt of certified copy of this order. 

11.  The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.          

 

            ANNOUNCED                                     (KARNAIL SINGH AHHI)

            Dated.24.01.2019                     PRESIDENT
 

 

 

 

                                        (CAPT. YUVINDER SINGH MATTA)

                                                            MEMBER