DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
PATIALA
Consumer Complaint No.11 dt.17/01/2020
Decided on: 02/03/2021
Varinder Kumar S/o Khem Chand R/o H. No.12, Lakshmi Garden, Opp. I.T.I. Yamuna Nagar, Haryana.
...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.
3. Gaurav Chabra S/o Chaman Lal Chabra, Dirrector M/s Nature Heights Infra Limited, now confined in Central Jail, Mukatsar in FIR No.55 dt.10.04.2017, U/s 420/120-B IPC, P.S. City-I, Abohar & FIR No.35 dt.3.6.2016, U/S 420/465/467/468/471/120-B IPC, P.S. City-1 Abohar through Jail Superintendent, Central Jail, Shri Mukatsar Sahib
…Opposite Parties
Complaint under Section 11 to 14 of the
Consumer Protection Act, 1986.
QUORUM
Sh. Jasjit Singh Bhinder, President
Sh. Y. S. Matta, Member
ARGUED BY:
Sh. H. S. Sidhu Adv. counsel for complainant.
Complaint against OPs No.1 & 2 is dismissed as withdrawn.
Opposite Party No.3 ex-parte.
ORDER
JASJIT SINGH BHINDER, PRESIDENT
1. Varinder Kumar 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.1,87,500/- for the purchase of property 1500 SQ Ft Plot/ property 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 his 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 November 2019 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, the OP No.3 failed to come present despite service through registered post dt. 26/10/2020 and was accordingly proceeded against exparte. Complaint against OPs No.1 & 2 is dismissed as withdrawn vide the statement dt.17/02/2021 made by the ld. Counsel for the complainant.
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 copy of receipt 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 he has deposed as per his complaint. He has proved Ex.C-1 as Agreement for sale, Ex.C-2 is the copy of payment receipt which was issued by the OPs.
8. So from the evidence, it is clear that complainant has deposited Rs.1,87,500/- and nothing has been given to him. 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.1,87,500/- deposited by him with the OPs alongwith interest @ 9% from the date of Agreement for sale i.e. 30/04/2012. 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: 02/03/2021
Y. S. Matta Jasjit Singh Bhinder
Member President
