DISTRICT  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,

                                         PATIALA                                                

                                             Consumer Complaint No.270  dt.23/07/2019                    

                                      Decided on:    07/05/2021

Baljit Kaur  D/o Kashmir Singh  R/o  113,  Sewak  Colony,  Patiala

                                                                             ...Complainant                                  Versus

1.       Nature Heights Infra Limited, # 9, Sunder Nagri, Opp.  Children Park, Hanumangarh Road, Abohar, District Fazilka (Punjab)  through its  CMD Neeraj Arora.

2.       Nature Heights Infra Limited, Branch Office:SCF 18, Gurudwara Dukhniwaran Sahib Road, Opp. Modern Senior Secondary School, Patiala, through  its Manager Sikander Kumar.

                                                                    …Opposite Parties

                                    Complaint under Section 11 to 14 of the            

                  Consumer Protection Act, 1986.  

QUORUM

                                Sh. Jasjit Singh Bhinder, President                                                   

                 Sh. V. K. Gulati, Member 

ARGUED BY:

Sh. H. S. Sidhu Adv. counsel for complainant.

Opposite Parties No.1 &2 ex-parte.

ORDER

                                   JASJIT  SINGH  BHINDER,  PRESIDENT

 1.                       Complainant has filed this complaint under Section 11 to 14 of the Consumer Protection Act, (hereinafter referred to as the Act) against the Opposite Party namely M/s Nature Heights Infra Limited & Ors. ( hereinafter referred to as the OPs).

2.                Brief facts of the case is that OP No.1 is a registered company since 2011 having its registration No. U70109PB2011 PLC034600.  The company  with fraudulent intention by inducing the poor and innocent persons got invested their amount in the company on the pretext that the company will provide plots to the investors on cheap rates in easy installments, which will be PUDA approved and plots under this project will be available in different projects of different areas such as Pathankot Project, Talwara Project, Garshankar Project, Charanchhoh Ganga Project, Anandpur Sahib Project, 125 sector and 113 Sector Mohali Project and Mandi Gobindgarh showroom Project, Khedi Devnala Project Madhya Pradesh etc and Nagpur Project. As such by waking such dreams in the mind of the innocent persons, this company got invested lacs of rupees from the consumers at Patiala with OP No.2.   That on receipt of these amounts the OPs used to issue drafts agreements which bears the plot reference numbers to the consumers under different projects, on which plot reference IDs have been mentioned under different project.  OPs had only issued slips to some of the persons which regard to acknowledgement of payment regarding the plot and did not issue any draft agreement even after receiving  payment.

3.                It is stated that complainant has deposited the amount of Rs.62,500/- for the purchase of property 400 SQ F.T plot in Vill. Bringali Teh. Mukerian, Distt. Hoshiarpur, Punjab to OP No.2 at Patiala, who has done all this at the instructions of OP No.1 through its CMD and MD. The complainant was issued draft agreement by the company/ OP after receiving the amount.    

                   That OPs with the promise to deliver property to the complainant and received  amount from the complainant and also assured that the complainant will be provided duly attested agreement to sell by Notary Public/ Executive Magistrate to the complainant pertaining  to the plot but thereafter, the OPs neither delivered the possession of plot to the complainant nor provided any document of agreement to sell to the complainant. CMD and MD of the OP also assured the complainant that the company also gave the interest on the amount per month like as lease rent but neither the company give any properties nor return the amount of complainant or any interest on the amount.  That OPs used to conduct seminars at District Level in various hotels of District Patiala and used to promise to the customers/ consumers that very soon property will be delivered to them but all in vain.

                   That the complainant deposited complete payments.   Complainant neither got her money back nor any property. The OP induced and lured the complainant that after receiving the amount, in the second year, projects will start automatically but neither any project is started nor any approval from PUDA  is granted upto till date.  And that when OPs failed to fulfill their promise and failed to deliver the property or return the amount despite of receiving huge amount, then complainant and many other persons moved an application to DGP Punjab Chandigarh for registration of FIR against the OP.  When police failed to take any action against the OPs then the complainant with others approached the Hon’ble Punjab and Haryana High Court at Chandigarh for getting justice and on directions of the Hon’ble High Court an FIR No.317 dt.10/11/2017 U/s 420,406, 120B IPC Police Station Tripuri, Patiala was registered against the OPs. Despite registration of the FIR, the OPs kept on delaying the matter on one pretext or the other just to harass the complainant and that OPs always tried to escape from the liability to return the amount of the complainant.  In the last week of October, 2018  complainant again requested the OPs to return the amount, then OPs flatly refused for the same.

                   It is stated that all the above said facts and circumstances shows that there is a clear cut deficiency in services on the part of OPs as the OPs totally failed to fulfill the promises and deliver the property and also failed to return the amount of the complainant, due to which complainant has suffered great mental agony, tension, harassment, inconvenience and humiliation for which complainant is entitled for compensation. Hence this complaint with a prayer to deliver the property or to return the amount  alongwith interest @ 12 % per annum. 

4.                On being put to notice, OPs No.1 & 2 failed to come present despite service through publication in Daily Azad Soch newspaper issue dt. 11/03/2021 and was accordingly proceeded against exparte.

5.                Ld. Counsel for the complainant has tendered in evidence Ex.CA  affidavit of the complainant  alongwith documents Ex.C-1 copy of agreement, Ex.C-2 & Ex.C-3 copies of  receipts, Ex.C-4 copy of FIR and closed the complainant evidence.

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

7.                Ex.CA is the affidavit of the complainant where in she has deposed as per her complaint. He has proved  Ex.C-1  as Agreement for sale, Ex.C-2 & Ex.C-3 are the copies of payment receipts which were issued by the OPs.

8.                So from the evidence, it is clear that complainant has deposited Rs.62,500/- and nothing has been given to her. As such OPs have violated the terms and conditions of the Agreement for sale. In view of the unrebutted evidence on the file, the complaint stands allowed and complainant is entitled to get the refund of the amount i.e.  Rs.62,500/- deposited by her with the OPs along with interest @ 9% from the date of Agreement for sale i.e. 10/11/2011. Opposite parties are also directed to pay Rs.10,000/- as compensation and Rs.10,000/- as cost of litigation to the complainant. Compliance of the order be made by the OPs within a period of 45 days from the date of receipt of the certified copy of this order.   

ANNOUNCED*   

Dated: 07/05/2021          

                          Vinod Kumar Gulati                  Jasjit Singh Bhinder

                                                 Member                                    President