DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 202 of 12.05.2016
Decided on: 27.9.2017
Rakesh Kumar Care of Shiv Fancy Store, Bus Stand, Patran.
…………...Complainant
Versus
1. Nature Heights Infra Ltd.9, Sunder Nagri, Abohar, through its Managing Director MD Punjab.
2. Nature Heights Infra Ltd. Branch Office Chhoti Baradari, Patiala through its Regional Manager.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Rajiv Lohatbaddi,Advocate, counsel for complainant.
Opposite parties No.1&2 ex-parte.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Rakesh Kumar 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:-
- To refund the amount of Rs.2,50,000/- ? alongwith interest @24% P.A.
- To pay Rs.2,00,000/- as compensation for causing mental agony and physical harassment and also for unfair trade practice & deficiency in service.
- To pay Rs.50,000/- at litigation expenses and
- To grant any other relief, which this Forum may deem fit.
2. In brief, the case of the complainant is that the OPs advertised a project namely “Talwara Township Phase-1”, in the year 2011 and was offering “Early come and serve basis” to general public, for delivering constructed plots with all the facilities i.e. basic amenities roads, light, electricity, sewerage etc. Allured from the said offer, the complainant , booked plot of 2000 sq. feet on the basis of agreement dated 15.10.2011.As per the said agreement, he was to pay a total amount of Rs.2,50,000/- at once or the same could be paid in four yearly installments. The OPs were also bound to take all type of NOC’s permission and income tax clearance within fifteen months from the month of October,2011 . The complainant paid three installments regularly. In the month of October,2014, at the time of depositing 4th installment, he enquired from the OPs about the status of NOC’s and all other permissions. Every time the OPs assured him that they have completed all the formalities including change of land usages (CLU) and also would get permission within one or two months and the last installment should be taken at the time of sale deed. The complainant continuously requested the OPs for the execution of the sale deed and for getting the last installment deposited.He also visited the office of the OPs at Abohar and requested to show the present position of the project but the OPs declined his request. Ultimately on 10 December,2015, he visited at the site and astonished on seeing that the land in question is agricultural land and the OPs failed to convert it into residential colony.Thereafter, OPs gave assurance to the complainant that all the formalities with regard to NOC’s would be completed and would also get the permission within two months but the OPs failed to fulfill their promise. He also got served a legal notice dated 8.1.2016 upon the OPs, but the OPs did not reply the same, which amounted to deficiency in service on their part and caused lot of inconvenience, mental agony and physical harassment to the complainant. Hence this complaint.
3. On being put to notice, the OPs failed to come present despite service and were accordingly proceeded against exparte.
4. In support of the case, the ld. counsel for the complainant has tendered affidavit of the complainant , Ex.CA, affidavit of Sh. Baldeep Singh,Ex.CB alongwith documents Exs.C1 to C8 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.C5, is the copy of agreement for sale, executed on 15th 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.2,50,000/- which was to be paid in easy installments of Rs.62,500/- yearly within four years. It is mentioned in the agreement that on completion of sale price, the vendor would execute sale deed in favour of purchaser after passing of three months period to enable the Company to scrutinize the entire a/c. By that time the vendor would obtain all kinds of NOC, Permission and Income Tax clearance. It is also mentioned in the agreement that actual and physical possession would be delivered at the spot only on registration of Sale deed. It is contended by the complainant that in the month of October, 2014, before depositing the final installment, he enquired from the official of the OPs about the status of the NOC and all other permissions which the OPs were required to get from the concerned authorities then the concerned official told him that the OPs would get necessary permissions within one or two months from the concerned authorities and also told him that the last installment should be taken at the time of the execution of the sale deed. He further contended that the OPs neither informed him regarding completion of formalities nor informed him to get the sale deed executed. As such the OPs have committed deficiency in service and they are liable to refund the amount lying deposited with it alongwith interest. Not only this they are also liable to compensate him for the mental agony and physical harassment caused to him alongwith litigation expenses. The contentions of the complainant, which are duly supported by his affidavit, have gone un-rebutted, as the O.Ps instead of contesting the case have preferred not to appear before this Forum. From the copies of receipts, Exs.C1,C3 and C4, issued by the OPs, it is evident that the complainant made the payment of installment of Rs.62500/-each on 27.09.2011, 2.10.2012, and 4.10.2013, thereby having deposited a total sum of Rs.1,87,000/-with the OPs. Since the OPs have failed to abide by the terms and conditions of the contract entered with the complainant, therefore, they are liable to refund the amount to the complainant lying deposited with them 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 Court, 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.
7. In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner:
- To refund the amount of Rs.1,87,000/- to the complainant alongwith interest @12% per annum from the respective dates of deposits till actual payment.
- To pay Rs.20,000/- as compensation for causing mental agony and physical harassment to the complainant.
- 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:27.9.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
