DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.1031 of 2017

                                                Date of institution:  06.12.2017                                                  Date of decision   :  04.11.2019

Gurpreet Kaur wife of Manjit Singh, resident of House No.1378, Ground Floor, Shri Guru Teg Bahadur Housing Complex, Sector 70, SAS Nagar (Mohali).

…….Complainant

Versus

1.     President, Skyrock Welfare Society (registered No.PB2831/2010) office at Banur Road, backside CGC College, Landran Sector 111-112, Mohali.

2.     Shri Navjeet Singh being the President of the Skyrock Welfare Society, Mohali (Registered No.PB2831/2010) office at Banur Road, backside CGC College, Landran Sector 111-112, Mohali through Central Jail, Patiala.

                                                         ……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri Kuldeep Singh Kalsi, counsel for complainant.

                OPs Ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

                Complainant after becoming member of OP No.1 society was promised for allotment of 200 sq. yards of plot. Share certificate of membership was issued in favour of complainant. Complainant contacted OPs after going through public advertisements to the effect that plots to the members will be allotted at subsidized rates. Complainant deposited Rs.1.00 lakh vide cheque dated 09.01.2012 and before that she paid membership fee of Rs.10,000/- through cheque dated 09.01.2012 itself. Total price of 200 sq. yards plot was agreed @ Rs.11,800/- per sq. yard. Complainant further deposited Rs.5.90 lakhs against land cost vide cheque dated 05.08.2012. Rs.1,50,000/-, being 50% of EDC charges was also paid by complainant to OPs vide cheque dated 06.08.2012. Thereafter complainant changed her option from 200 sq. yards of plot to 100 sq. yards of plot before allotment, regarding which provisional allotment letter dated 30.08.2015 with respect to plot No.105-M in Sector 111-112, Mohali was issued in favour of complainant with tentative rate of Rs.11,800/- per sq. yard. Complainant claims to have paid Rs.14,40,000/- in all to OPs for purchase of this plot. Now complainant has got knowledge through newspaper reports dated 02.08.2017, 21.08.2017 and 09.09.2017 that OP No.2 is playing fraud with innocent persons and that is why a case even has been registered against him. It is claimed that as per gathered information by complainant, OP No.1 is fake society, which is not duly registered in the office of Registrar of Cooperative Societies at Mohali or anywhere else. It is claimed that OPs misused name of GMADA and PUDA in their documents for cheating complainant and others for collecting crores of rupees. Despite approach by complainant to OPs many times, no satisfactory reply received. Rather complainant saw that all offices of OPs have been closed after arrest by police. By claiming that OPs adopted unfair trade practice, this complaint filed for seeking refund of paid amount of Rs.14,40,000/- with interest @ 18% per annum from the date of payment till realisation or for handing over of physical possession of 100 sq. yards plot No.M-105 as per terms of provisional allotment letter dated 03.08.2015. Compensation for mental agony and harassment of Rs.2.00 lakhs and litigation expenses of Rs.31,000/- more claimed with additional damages of Rs.2.00 lakhs for breach of contract etc.

2.             Sufficient time was given to OPs to file reply, but they failed to file reply and as such right of OPs to file written statement was struck off vide orders dated 01.04.2019.

3.             Complainant to prove her case tendered in evidence her affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-10 and then closed evidence. Thereafter none appeared for OPs and as such OPs were proceeded against ex-parte. Written arguments

 not submitted. Oral arguments heard and records gone through.

4.             Copy of application form submitted by complainant for becoming member of OP society is produced on record as Ex.C-1. Ex.C-2 is receipt dated 01.08.2011 vide which amount of Rs.10,000/- was deposited by complainant with OPs. Besides Rs.5,90,000/- more deposited by complainant with OPs vide receipt Ex.C-3 dated 01.08.2011. Acknowledgement slip Ex.C-4 also shows deposit of Rs.1.00 lakh by complainant with OPs on 09.01.2012. Further amount of Rs.5,90,000/- deposited by complainant through receipt Ex.C-5 dated 27.11.2012 with OPs. Likewise Rs.1,50,000/- deposited by complainant with OPs vide receipt Ex.C-6 dated 27.11.2012. In view of deposit of these amounts, provisional allotment letter Ex.C-7 regarding plot No.105-M of 100 sq. yards was issued in favour of complainant by OPs on 03.08.2015, but despite that neither possession handed over and nor amount refunded. Rather newspaper clippings Ex.C-8 produced on record to show that OP society has duped customers by playing fraud, due to which case by police has been registered at P.S. Mataur against Navjeet Singh and his wife.  In view of these paper clippings, it is obvious that OP society not in a position to handover possession of plot because it has not carried development activity on the spot and moreover President of society being in custody not in a position to carry further activity. Material produced on record shows as if OPs adopted unfair trade practice by alluring gullible people to pay money, but without obligation of abiding by commitments. So certainly complainant entitled for refund of deposited amount with interest because amounts accepted without carrying development activity or obtaining licenses from GMADA or other authorities as stated through affidavit Ex.CW-1/1. In view of violation of provisions of Section 6 and 12 of PAPRA Act read with Regulation 17 thereof and further in view of law laid down by down by Hon’ble State Consumer Disputes Redressal Commission Punjab in CC No.716, 789, 835 etc. of 2017 titled as Mangal Singh Kondal & others Vs. Bajwa Developer & Another and First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another,  decided on 30.07.2018  refund of deposited amount should be ordered with interest @ 12% per annum from the dates of deposits till payment. Complainant stood mentally harassed and as such she is entitled to compensation for mental agony and harassment and also to litigation expenses, but of reasonable amount.

5.             As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.14,40,000/- with interest @ 12% per annum from the dates of deposits till payment.  Compensation for mental agony and harassment of Rs.25,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against  OPs.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

November 04, 2019

                                                                        (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member