DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 71 of  18.2.2019

                                      Decided on:      4.12.2019

Gurjinder Kaur w/o Baljit Singh R/o 48-H, Partap Nagar, Patiala.

                                                                   …………...Complainant

                                      Versus

1.       Nature Heights Infra Limited  # 9, Sunder Nagri, Opp. Children Park, Hanumangarh Road, Abhoar, 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 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt.Inderjeet Kaur, Member

                                      Sh.B.S.Dhaliwal, Member                                            

ARGUED BY:                                 

                                      Sh.H.S.Sidhu, Advocate, counsel for complainant.

                                      Opposite Parties Ex-parte.                                  

 ORDER

                                    B.S.DHALIWAL, MEMBER

1. Gurjinder Kaur (hereinafter referred to as the complainant) has filed this complaint U/S 12 of Consumer Protection Act,1986 (hereinafter referred to as the Act) against  M/s Nature Heights Infra Ltd. and another   (hereinafter referred to as Opposite Parties).
2. The brief facts of the complaint are that on the allurement of the company of the OPs, that it will provide plots to the investors on cheap rates in easy installments, which will be PUDA approved and the plots under this project will be available in different projects of different areas, the complainant deposited Rs.4,61,000/- for the purchase of property of five different plots/property  in Khedi Devnala project Madhya Pradesh and also for getting shares in Nature Hotel and Resorts Project of the company with OP No.2 and draft agreements was issued to the complainant by the company after receipt of the amount. In this regard an assurance was given to the complainant that he will be provided duly attested agreements to sell by Notary Public/Executive Magistrate but thereafter the OPs neither delivered the possession of plot to the complainant nor provided any document of agreements to sell to him having failed to fulfill their promise and cheated the complainant by grabbing her hard earned amount.
3. The complainant deposited her complete payments but the OPs did not fulfill their promise and cheated her by grabbing her hard earned amount.
4. It is contended that the C.M.D. and M.D. of the company also assured that the company will also give the interest of the amount, per month like as lease rent but neither the company gave any property nor returned the amount or pay any interest on the amount to her, despite the complainant deposited the complete amount.
5. It is further alleged that despite of registration of FIR, the OPs with malafide intention kept on delaying the matter on one pretext or the other just to harass the complainant and in the last week of October,2018, the OPs flatly refused to return the money.        The act and conduct of the OPs clearly shows deficiency of service on their part, which caused great mental agony, tension, harassment, inconvenience and humiliation to the complainant.
6. For these sufferings the complainant has prayed for giving direction to the OPs to deliver the property or to return the amount of complainant alongwith interest alongwith any other relief which this Forum may deem fit. Hence this complaint.
7. On notice, the OPs failed to come present despite service and were accordingly proceeded against ex-parte.
8. In evidence, the ld. counsel for the complainant has tendered affidavit of the complainant, Ex.CA alongwith documents i.e.Ex.C1, copy of Agreement for sale, Exs.C2 to C5 copies of Full Payment-Cum-Sale-Agreements, Ex.C6, copy of booking letter(placed on the file and signed) but inadvertently left to record in the statement, Ex.C7 copy of FIR, and closed the evidence. Written arguments have also been filed by the complainant.
9. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
10. The ld. counsel for the complainant has submitted that on the allurement of the  OPs, complainant deposited Rs.4,61,000/- for the purchase of  five different plots/property in Khedi Devnala project Madhya Pradesh and for getting shares in Nature Hotel and Resorts Project with OP No.2  and upon consistent persuasion OPs provided copy of Agreement for Sale.  The complainant approached the OPs to deliver the property or to return the amount but the OPs kept on lingering the issue on one pretext of the other and failed to fulfill their promise.
11. The perusal of copy of Agreement for Sale, Ex.C1, clearly reveals that the complainant booked the plot measuring 4755 Sq.Ft. with OPs and paid Rs.11000/- to them as earnest money. It is further revealed that the complainant purchased property of 7204 Sq.ft. each and paid Rs.1,00,000/-each vide Full Payment-Cum-Sale-Agreement,Exs.C2 to C5.  From Ex.C6 i.e. copy of booking letter, it is revealed that the complainant having registered a member of Nature Hotel and Resorts and paid an amount of Rs.50,000/-to the OPs in this regard.
12. It is incorporated in the terms and conditions of agreement for sale that if the customer does not want to retain the land at the end of 6 years, he/she can sell back the same to the seller at the price of purchasing amount. The complainant had conveyed his intent for the refund of the amount he has paid to the OPs but the OPs have not responded to his request i.e. OPs have not repaid even a single penny.  Even the OPs have not provided any sort of information; rather they have gone into hide.
13. 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 unrebutted. 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. In catena of cases, where the complainants/allottes 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.
16. 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.
17.           In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner:

1. To refund the amount of Rs.4,61,000/- to the complainant alongwith interest @12% per annum from the date of deposit till its realization.
2. To pay Rs.15,000/- as compensation for causing mental agony and physical harassment to the complainant.
3. To pay Rs.5,000/- as litigation expenses.

18. 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.
19.  

ANNOUNCED

DATED:4.12.2019 

                                           B.S.DHALIWAL                  INDERJEET KAUR

                                           MEMBER                              MEMBER