Punjab

Fatehgarh Sahib

CC/9/2016

Hardeep Kaur - Complainant(s)

Versus

Nature Heights infra - Opp.Party(s)

Tejinder Singh Dhiman

18 Jul 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

                             Consumer Complaint No.09 of 2016

                                                          Date of institution:  14.01.2016                                                

                                                       Date of decision   :  18.07.2016

Hardeep Kaur wife of Sh. Gurjant Singh, resident of House No.10, Grewal Avenue, near Bhadson Chungi, Patiala.

……..Complainant

Versus

 

1. M/S Nature Heights Infra Ltd.,  9, Sunder Nagri, Hanumangarh Road, Abohar, District Fazilka(Punjab) through its Authorized Signatory.
2. M/S Nature Heights Infra Ltd., C/o M.G. Realtors Pvt. Ltd., Opp. G.P.S. School, near Cheema Petrol Pump, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib through its Authorized Signatory.

        …..Opposite parties       

Complaint Under Sections  12 to 14 of the Consumer Protection Act

Quorum

Sh. Ajit Pal Singh Rajput, President     

  Smt. Veena Chahal, Member        

  Sh. Amar Bhushan Aggarwal, Member                                            

Present :      Sh. T.S.Dhiman, Adv.Cl. for the complainant.       

                          Opposite parties exparte

ORDER

By Ajit Pal Singh Rajput, President.

•                         Hardeep Kaur wife of Sh. Gurjant Singh, resident of House No.10, Grewal Avenue, near Bhadson Chungi, Patiala, has filed this complaint against the Opposite parties (hereinafter referred to as “the OPs”) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.                OP No.1 executed an agreement to sell in favour of the complainant, vide which the OPs agreed to sell a show room measuring      16' X 10'. 8" square feet situated at village Mugal Majra, Khanna Road, Tehsil Amloh, District Fatehgah Sahib comprised in Khewat/Khatoni No.90/138, Khasra No.16//15(8-0), 17//11/2(1-11), 16//6/2/2(3-2), 17//1/3(2-2), 2(3-8), 10/2min(1-10), total land measuring 19K-13M, to the complainant. As per the said agreement the rate of property is fixed as Rs.10,40,416/- and the said amount was to be given to the OPs in seven easy quarterly installments of Rs.1,30,052/- each.  The said show room will be allotted in tower No.3, shop No.613-B on 6^th floor. The OPs promised to develop the same in the shape of show room within 24 months.  The sale deed was to be executed after the completion of the show room. The complainant had regularly paid five installments of Rs.1,30,052/- each to the OPs but they have failed to carry an single development work as per the said agreement, which amounts to deficiency in service on the part of the OPs.  The complainant many times requested the OPs to complete/fulfill the terms and conditions of the above said agreement and to deliver the possession of the show room but instead of completing the necessary formalities and necessary development work and delivery of the possession of the show room, the OPs have stated the complainant that the OPs have now to contact M.G.Realators Pvt. Ltd., Mandi Gobindgarh, which has no contract with the complainant.  The complainant also got issued a legal notice to the OPs but to no effect. Hence, this complaint for giving directions to the OPs to deliver the possession of the show room to the complainant or to refund the double of the amount deposited by the complainant with the OPs along with interest @18% p.a. and further to pay Rs.60,000/- as compensation for mental agony and harassment suffered by the complainant.

3.                Notice of the complaint was issued to the OPs but they chose not to appear to contest this complaint. Hence, OPs were proceeded against exparte.

4.                In order to prove his complaint the complainant tendered in evidence his affidavit Ex. C-1, legal notice Ex. C-2, postal receipts Ex. C-3, copy of agreement as Ex. C-4, copy of payment receipt Ex. C-5 to Ex. C-9 and closed the evidence.

5.                The ld. counsel for the complainant has submitted that the OPs have committed deficiency in service and indulged in unfair trade practice by not carrying out any development work and by not delivering the possession within 24 months, as per the terms and conditions mentioned in the agreement of sale i.e Ex.C-4. He pleaded that it is also established from the payment receipts i.e Ex.C-5 to C-9 that the complainant had been depositing the installments on time. The ld. counsel argued that due to negligence of the OPs the complainant had to undergo mental as well as physical harassment and the complainant deserves to be compensated for the same.

6.                After hearing the Ld. Counsel for the complainant and going through the pleadings, evidence produced by the complainant and the oral arguments and written submissions, we are of the opinion, that it is established from the statement of the complainant i.e Ex.C-1 that the complainant had executed an agreement for sale i.e Ex.C-4 with OP No.1 for purchasing a show room measuring 16' X 10'. 8" square feet situated at village Mugal Majra, Khanna Road, Tehsil Amloh, District Fatehgah Sahib. It is also established from the payment receipts i.e Ex.C-5 to Ex.C-9 that the complainant had been paying quarterly installments of Rs.1,30,052/- to  OP No.1. It has been mentioned in the agreement for sale that OP No.1 will deliver the possession after completion of 24 months and if not then OP No.1 will pay Rs.15000/- per Month till the delivery of possession. The relevant clause of the agreement for sale is reproduced “That on completion of 24 months and full payment of sale price vendor would give possession in favour of purchaser & execute the sale deed along with it.

          That the possession of property will be made after completion of 24 months and if not then company will continue to pay last rent received by purchaser i.e. of Rs.15,000/- per month till the possession is delivered to purchaser ”. We are of the opinion that the OPs have failed to deliver the possession as per the terms and conditions of the agreement and also failed to pay a sum of Rs.15000/- per Month.

7.                Accordingly, in view of our aforesaid discussion, we find that the OPs have indulged in unfair trade practice by not delivering the possession and by not honoring the clauses of the agreement for sale executed between the parties. Hence we direct the OPs to deliver the possession to the complainant within 30 days from the date of receipt of copy of this order, in case the OPs are unable to deliver the possession then the OPs shall be liable to refund the amount of five installments i.e. Rs.650260/- paid by the complainant, alongwith 9% interest P.A from 18/10/2013 i.e date of payment of last installment till its realization. Complainant is also held entitled to the damages suffered by him on account of harassment and mental tension. The damages are assessed at Rs. 25,000/- alongwith litigation cost of Rs.5000/-. The OPs are directed to comply with the order of this Forum within 45 days from the date of receipt of this Order. In case OPs fail to comply with the same, within the stipulated period, the OPs shall be liable to pay 6% interest P.A on the damages awarded to the complainant. The present complaint stands accepted.     

8.                The arguments on the complaint were heard on 15.07.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated:18.07.2016

(A.P.S.Rajput)                         President

 

(Veena Chahal)                        Member

 

(A.B.Aggarwal)                                 Member