DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR

                                             Consumer Complaint No.60 of 2020

                                             Date of institution: 07.10.2020

                                             Date of Decision:   10.02.2022

Surinder Singh son of Lt. Sh. Gurdial Singh, resident of Village Pipal Majra, Tehsil Chamkaur Sahib, District Rupnagar 

…….Complainant

Versus

1. PACL Limited, Registered Office 22, 3^rd Floor, Amber Tower, Sansar Chand Road, Jaipur 302004

2. PACL Limited, Corporate Office, 7^th Floor, Gopaldas Bhawan, 28, Barakhamba Road, New Delhi -110001

3. PACL Limited SCO 2465-66, Sector 22-C, Chandigarh, through its authorized signatory

4. PACL Limited through its authorized agent, Main Bazar, Chamkaur Sahib, District Ropar

                                                    ……..Opposite Parties

Complaint under Consumer Protection Act.

Quorum:   Shri Ranjit Singh, President.

                       Mrs. Ranvir Kaur, Member

Present:    Sh. H.S. Sehgal, Adv . for complainant

OPs ex-parte.

Order dictated by :-  Sh. Ranjit Singh, President

Order

1. The present order of ours will dispose of the above complaint filed under the Consumer Protection Act, by the complainant against the Opposite Parties on the ground that the Ops running a business of Real Estate and Selling the plots etc on profit basis and also running the deposit business like financial institutions. The Opposite Parties is having its registered office at Jaipur (Rajasthan), who is OP No.1 and corporate office at New Delhi (OP NO.2) and Branch office at Chandigarh (OP No.3) and OP No.4 is the authorized agent of OPs No.1 to 3. O.Ps. induced the general public to book the plots with them in the said project. On the allurement of O.Ps, the complainant was deposited Rs.20,000/- on 08.12.2010 . As per the terms and conditions of the agreement, the OPs agreed that they will hand over the possession of the plot measuring 400 Sq. yards or to pay the amount of Rs.41,800/- to the complainant on or before 08.03.2017 i.e. the date of maturity of the certificate issued by the OPs.  Then the complainant waited the information for allotment of plot or to make the payment from the opposite parties after 11.5.2020 after that the complainant approached and requested them time and again to refund the amount of Rs.41,800/- or to give the possession of the plot booked by him but inspite of repeated requests, the Ops neither refund the maturity amount nor give the possession of the plot. Thus, alleging deficiency in service on the part of the O.Ps. the complainant had sought the following reliefs:-

1. To refund Rs.41,800/- along with interest @ 13% per annum or to hand over the plot as per agreement 
2. To pay Rs.30,000/- as compensation on account of unfair trade practice and deficiency in service.
3. To pay Rs.20,000/- as litigation expenses along with interest @ 18% per annum from the date of agreement till its realization in the interest of justice.    

The complaint of the CC is signed and also verified.

2. Upon notice, the OPs have chosen to remain ex-parte vide our order dated 11.12.2020
3. In support of his complaint, the complainant has tendered into evidence duly sworn affidavit of complainant Ex.C1 along with document copy of cover note Ex.C2 and closed the evidence. 
4. We have heard the complainant and have gone through the record of this case.
5.  Since the OP has chosen to remain ex-parte and otherwise also the evidence of the CC appears to be cogent, reliable and trustworthy. We have no alternative except to believe the contents of the complaint as well as documentary evidence attached with the complaint by the CC. It is, proved on the file that on allurement of the OPs, the complainant has deposited the amount of Rs.41,800/- with the OPs but on maturity,  neither the OPs paid the maturity amount to the complainant nor  hand over the possession of the plot. We have also perused other documents Ex.C1 & Ex.C2.
6. It is pertinent to mention here that the Consumer Protection Act, 2019, is benevolent legislation enacted to help the poor consumers, which are being regularly harassed by the unscrupulous traders, who even after receiving the money do not provide the proper services to the consumers. We feel that the very purpose of the Consumer Protection Act, 2019, will fail if such types of traders are not brought to book and asked to pay compensation.
7. In view of our above discussion, we allow the present complaint and O.Ps. are directed to pay Rs.41800/- along with interest @ 7.5% per annum from the date of deposit. It is further ordered that the O.Ps will pay a compensation amount to the tune of Rs.15000/- along with litigation expenses to the tune of Rs.10,000/-. The Ops are further directed to comply with the said order within the period of 30 days from the date of receipt of certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The file be indexed and consigned to record room.
8.  

February 10,2022

(Ranjit Singh)

(Ranvir Kaur)