DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 114 of  16.3.2016

                                      Decided on:   2.8.2017

Babu Ram son of Sh.Bansi, resident of House No.61-B, Ekta Nagar, Near DMW Workshop, Patiala.

                                                                   …………...Complainant

                                      Versus

1.       Nature Heights Infra Ltd. Branch: Natureway 9, Sunder Nagri, Abohar (Punjab) through its Managing Director.

2.       M/s Nature Heights Infra Ltd. SCO No.134, Above ICICI Bank, Chhoti Baradari, Patiala through its Manager.

                                                                   …………Opposite Party

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member 

ARGUED BY:

                                      Sh.N.K.Gupta, Advocate, counsel for complainant.

                                      Opposite parties ex-parte.

 ORDER

                                    SMT.NEENA SANDHU, PRESIDENT

                 Sh.Babu Ram  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:-

1. To refund 1,25,000/- alongwith interest @13% P.A.compounded growth as per agreement
2. To pay Rs.50,000/- as compensation, on account of unfair trade practice and deficiency in service.
3. To pay Rs.11000/- at litigation expenses and
4. To grant any other relief which this Forum may deem fit.

2.                In brief, the case of the complainant is that on 1.11.2011 an agreement had arrived between him and the OPs for the sale of plot, in his favor, with regard to the land measuring 1000 sq.ft, situated at village Bandgali, Tehsil Mukerian, District Hoshiarpur, for a sale consideration of Rs.1,25,000/-, which he paid in four installments of Rs.31250/-each vide receipts dated 28.9.2011, 21.11.2012, 3.12.2013 and 7.11.2014, respectively. At the time of agreement, it settled that the complainant was at liberty either to get the sale deed of the land executed in his favour on getting possession or to get the amount of Rs.1,25,000/- refunded alongwith interest @13% per annum. It is averred that the OPs neither refunded the amount nor executed the sale deed in his favor. He approached the OPs for the said purpose. An affidavit dated 5.10.2015 was also obtained by the OPs from him to the effect that he did not want to get the sale deed executed and the OPs promised to refund he amount of Rs.1,25,000/- alongwith interest @13% per annum. He also submitted all the relevant documents in original to the OPs. He time and again approached the OPs but every time the OPs lingered the matter on one pretext or the other. Ultimately he got served a legal notice dated 2.1.2016 jupon the OPs but to no effect. The act and conduct of the OPs amounted to deficiency in service on their part, which caused mental agony and physical harassment to him. Hence this complaint.

3.       On being put to notice, the OPs failed to appear before the Forum despite service and were thus proceeded against exparte.

4.       In exparte evidence, the ld. counsel for the complainant has tendered in evidence, Ex.CA affidavit of the complainant Ex.CA alongwith documents Exs.C1 to C9 and closed the evidence.

5.       We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.

6.       Ex.C7, is the copy of agreement to sell, executed on 1^st October , 2011 between the OPs and the complainant. As per the said agreement, the total price of the intended property to be sold was fixed at Rs.1,25,000/- which was to be paid in easy installment of Rs.31250/- payable yearly within four years. It is also mentioned in the agreement that on completion of sale price, the vendor would execute sale deed in favor of purchaser only after passing of three months period to enable to Co. to scrutinize the entire a/c. From the receipts, Exs.C4 to C6 issued by the OPs, it is evident that the complainant made the payment of installments to the tune of Rs.31250/-each on 7.11.2014, 3,12,2013 and 21.11.2012. From the copy of account statement, Ex.C9, it is evident that  the complainant paid in total Rs.1,25,000/- to the OPs through installments. The last installment was paid by the complainant on 7.11.2014, meaning thereby that as per the condition of the agreement, the OPs were to execute sale deed in favour of the complainant by 7.2.2015. The complainant has contended that, till date, no sale deed has been executed in his favour by the OPs. This contention of the complainant has gone unrebutted because the OPs instead of contesting the case have preferred not to appear before this Forum.  Since the OP has failed to abide by the contract entered with the complainant, therefore, it is liable to refund the amount to the complainant lying deposited with it alongwith interest. It may be stated that 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 Higher Courts, in the present case also, the complainant is entitled to get interest @12% per annum  from the  respective dates of deposits till the date of actual payment. He is also entitled to get compensation  on account of mental agony and physical harassment suffered by him alongwith litigation expenses.

8.                In view of the aforesaid discussion, we allow the complaint and direct the OP in the following manner:

1. To refund the amount of Rs.1,25,000/- to the complainant alongwith interest @12% per annum from the respective dates of deposits till actual payment.

2. To pay Rs.20,000/- as compensation for causing mental agony and physical harassment to the complainant.

3. To pay Rs.10,000/- 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:  2.8.2017                

                                                                   NEENA SANDHU

                                                                       PRESIDENT

                                                                   NEELAM GUPTA

                                                                         MEMBER