DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 264 of 17.7.2018
Decided on: 14.8.2019
Smt. Nirbhjit Kaur (Nominee) W/o Sh.Manpreet Singh (Deceased) R/o H.No.87, Ward No.9, Mohalla Ghumara Wala, Banur, District and Tehsil Mohali (Pb)
…………...Complainant
Versus`
1. Nature Heights Infra Ltd. through Sh.Neeraj Tathai Alias Neeraj Arora (Managing Director) 9, Sunder Nagri,Opposite Chikdren Park, Hanumangarh Road, Abohar (Punjab) .
2. Nature Heights Infra Ltd. through Sh.Amit Kukar (Director) 9, Sunder Nagri,Opposite Chikdren Park, Hanumangarh Road, Abohar (Punjab) .
3. Nature Heights Infra Ltd. SCF 13, Dukhniwaran Sahib Road, Opposite Modern Senior Secondary School, Patiala (Pb).
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt.Inderjeet Kaur, Member
Sh.B.S.Dhaliwal, Member
ARGUED BY:
Ms. Sofia Paul, Advocate: Counsel for complainant.
Opposite Parties: Ex-parte.
ORDER
INDERJEET KAUR, MEMBER
1. This complaint is filed by Nirbhjit Kaur (hereinafter referred to as the complainant) U/S 12 of Consumer Protection Act,1986 (hereinafter referred to as the Act) against M/s Nature Heights Infra Ltd. and others (hereinafter referred to as Opposite Parties).
2. The brief facts of the complaint are that the OPs approached the complainant to book a plot of 1000 sq. ft. for her residence purpose under Khewat No.392 to 2664/1 (0-5) at village Badingali, Tehsil Mukerin, District Hoshiarpur (Pb). In the name of Uni-Town Talwara. On 7th March, 2012 the company sent an agreement to the complainant for the sale of plot Ref. Id No.10030617 for 1000 sq. ft. mentioning the full detail for sale. The price of the plot was fixed at Rs.175000/- which was to be paid in 4 installments of Rs.43750/- each per annum.
3. It is contended that the complainant paid two installments of Rs.43750/- each on 9.4.2012 and 22.11.2013 respectively
4. It is also contended that the OPs have to obtain all kind of ‘No Objection Certificates’, approved Maps, permission and income tax clearance from the Govt. of Punjab within 4 years.
5. It is further contended that there was a condition mentioned in the agreement for sale that if the purchaser does not want to get the sale deed registered willingly, in that condition refund of amount alongwith 13% p.a. compounded growth will be payable to him/her. The plot holders are also ready to pay the full and final payment of the plot if company will success to get all approvals from the Govt.
6. It is also contended that the OPs have assured that they will execute the sale deed within 4 years from the date of agreement for sale but the OPs neither do the sale deed nor refund the money deposited with the company. A legal notice dated 19.12.2017 was also issued to OPs for refund of deposited amount but of no avail.
7. It is also averred that the OPs are working illegally and unethically. There is clear cut unfair trade practice and deficiency of service on the part of the OPs.
8. By this complaint, the complainant has prayed for:
i. To refund the deposited amount of two installments i.e. Rs.43750/-each which comes to Rs.87500/- from the respective dates of deposit alongwith interest @18% p.a. till the date of payment.
ii. To pay Rs.2lac on account of compensation for harassment and mental agony.
iii. To pay Rs.10,000/- on account of misc. expenses
iv. To pay fee Rs.30,000/-on account of litigation charges
9. On notice, the OPs failed to come present despite service and were accordingly proceeded against ex-part.
10. In evidence, the ld. counsel for the complainant has tendered affidavit of the complainant Ex.CA alongwith documents copy of death certificate Ex.C1, copy of agreement for sale Ex. C2, copies of payment receipts Ex.C3 and Ex.C4, copy of legal notice dated 19.12.2017 Ex.C5, copy of envelop Ex.C6 and closed the evidence.
11. We have heard the ld. counsel for the complainant and have also gone through the record of the case carefully.
12. The ld. counsel for the complainant asserted the same contentions as already pleaded in the complaint. Complainant has booked the plot in issue upon the allurement of OPs that they will develop the colony with world class facilities and deposited an amount of Rs.87500/- i.e. Rs.43750/-each on 9.4.2012 and 22.11.2013 respectively. The OPs by not doing so have indulged in unfair trade practice, therefore, OPs be directed to refund the amount already lying deposited with the OPs alongwith interest.
13. The perusal of agreement to sell, Ex.C1 reveals that the complainant booked a plot with OPs for a consideration of Rs.1,75,000/- out of which Rs.43750/- was paid on 9.4.2012 and Rs.43750/- on 22.11.2013 respectively as installments. This fact is corroborated by receipts, Ex.C3 &Ex.C4. A legal notice dated 19.12.2017, Ex.C4 was sent to the OPs for refund of the deposited money but the OPs neither responded to the ibid notice nor refunded the amount. Contentions of the complainant have gone un-rebutted as the OPs instead of contesting the case have preferred not to appear before this Forum. Thus, there is no reason to disbelieve the contentions of the complainant.
14. The whole purpose of pleadings is to give fair notice to each party of which the opponent’s case is and to ascertain with precision the point(s) on which the parties agree and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made there are deemed to have been admitted. No amount of proof can substitute pleadings, which are the foundation of the claim of the parties. The Opposite parties did not appear before this Forum despite service and presumption of service was raised and it was proceeded against ex-parte. Thus, the evidence adduced by the complainant remains un rebutted . In view of this all the averments made in the complaint are deemed to have been admitted by the opposite parties and an adverse inference is to be drawn against them.
15. While analyzing the receipts, Ex.C3 &Ex.C4 it is evident that the complainant had paid a sum of Rs.43750/-each on 9.4.2012 and 22.11.2013. Since the OPs have failed to abide by the contract entered into with the complainant, therefore, they are liable to refund the amount to the complainant lying deposited with them alongwith interest. In catena of cases, where the complainants/ allotees have sought the refund of the amount deposited by them, due to delay in handing over of the possession of the units by the Ops, the Hon’ble National Commission has directed the builders/developers to refund the amount deposited by the allottee/investors/complainant alongwith interest @ 12% per annum. 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.
16. In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner:
i. To refund the amount of Rs.87,500/- to the complainant alongwith interest @12% per annum from the respective dates of deposit till its realization.
ii. To pay Rs.15,000/- as compensation for causing mental agony and physical harassment to the complainant.
iii. To pay Rs.5,000/- as litigation expenses.
17. The OPs are further directed to comply with the order within a period of 45 days from the date of the receipt of the certified copies of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
18. The complaint could not be decided within statutory period due to heavy pendency of cases
ANNOUNCED
DATED:14.8.2019
B.S.DHALIWAL INDERJEET KAUR
MEMBER MEMBER
