| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 125 of 20.8.2020 Decided on: 8.8.2024 Vanita Singla w/o Rajinder Kumar Singla R/o H.No.119, Sector 4C, Shastri Nagar, Mandi Gobindgarh, The Amloh District Fatehgarh. …………...Complainant Versus - Nature Heights Infra Limited, Branch Office: SCF 18, Gurdwara Dukhniwaran Sahib Road, Opp.Modern Senior Secondary School, Patiala through its Manager Sikander Kumar.
- Nature Heights Infra Limited, # 9, Sunder Nagri, Opp. Children Park, Hanumangarh Road, Abohar, District Fazilka (Punjab), through its CMD Neeraj Arora.
…………Opposite Parties Complaint under the Consumer Protection Act QUORUM Sh.Pushvinder Singh, President Sh.G.S.Nagi, Member ARGUED BY Sh.Sameer Kumar, counsel for complainant. Opposite parties ex-parte. ORDER PUSHVINDER SINGH, PRESIDENT - The instant complaint is filed by Vanita Singla (hereinafter referred to as the complainant) against Nature Heights Infra Limited (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
- It is averred in the complaint that OP No.1 is a registered company since 2011 having its registration No.U70109PB2011PLC034600. Earlier this complaint was known by name of Natureway Network Marketing Pvt. Ltd. having its registration No.U52599PB2001PTC024833 in the year 2011.That this company has fraudulently induced the innocent person to invest their amount with them on the pretext that the company will provide plots to the investors on cheap rates in easy installments.
- That under the influence of the OPs complainant deposited an amount of Rs.62500/- for the purchase of 2000 Sq.Ft. property/plot in village bringali, Tehsil Mukerian, District Hoshiapur through OP No.1 and the complainant was issued a draft agreement and receipts of payments by the company after receiving the amount from him. That the OPs also assured that they will deliver provide duly attested agreement to sell by Notary Public/ Executive Magistrate to the complainant pertaining to the property but they failed to do. The OPs neither refunded the amount nor provided any property or any shares in hotel project. Complainant requested the OPs for the refund of the amount but they flatly refused to do so . There is thus deficiency in service and unfair trade practice on the part of the OPs, which caused great mental agony, tension, harassment, inconvenience and humiliation. Hence this complaint with the prayer to accept the same by giving direction to the OPs to return the amount of the complainant alongwith interest; to pay Rs.50,000/- each as compensation towards mental agony, tension, harassment, inconvenience and humiliation and to pay Rs.22,000/- as litigation expenses.
- Notice of the complaint was duly issued to the OPs but the same was received back un served. Thereafter on the request of the complainant notice to the OPs was issued through publication but even then they failed to appear and were accordingly proceeded against ex-parte vide order dated 22.8.2022.
- In evidence, ld. counsel for the complainant has tendered in evidence Ex.CA, affidavit of the complainant alongwith document Ex.C1 copy of agreement and closed the evidence.
- We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that the complainant under the influence of OPs deposited an amount of Rs.62500/-with them for the purchase of a plot/property but the OPs failed to deliver the same inspite of the requests made by the complainant which amounts to deficiency in service and unfair trade practice on the part of the OPs and has prayed that the amount deposited by the complainant may kindly be got refunded alongwith interest, compensation and costs.
- The complainant has proved his case vide document Ex.C1 i.e. copy of Agreement For Sale, issued in the name of Vanita Singla i.e. the complainant. In this agreement it is mentioned that the total price of the intended property to be sold is fixed at Rs.2,50,000/- and the purchaser would be at liberty to pay such sum in easy installment of Rs.62,500/-.The ld. counsel for the complainant has argued that the complainant has deposited the said amount of Rs.62500/- with the OPs for purchase of the plot/property but the OPs did not deliver any plot/property to the complainant despite repeated requests made by the complainant. The claim of the complainant and evidence led by the complainant remained un rebutted as the OPs did not bother to contest the complaint and have chosen to remain exparte.
- As per un rebutted evidence of the complainant, OPs failed to even start any construction over the site as agreed by them. Accordingly the complainant is entitled to get the refund of the paid amount.
- In view of the discussion above, we partly allow the complaint and direct the OPs to refund the amount so deposited by the complainant i.e. Rs.62500/- within a period of 45 days from the date of receipt of certified copy of this order failing which they shall pay the said amount alongwith interest @9% per annum from the date of deposit till realization as the OPs were involved in commercial activity. The complainant is also entitled to Rs.20,000/- awarded towards compensation and litigation expenses.
- The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
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G.S.Nagi PUSHVINDER SINGH Member President | |
