Chandigarh

DF-I

CC/862/2019

Naseeb - Complainant(s)

Versus

Rich Infra Developers India Ltd. - Opp.Party(s)

Atul Goyal

27 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/862/2019
Date of Institution	:	22/08/2019
Date of Decision	:	27/04/2022

 

Naseeb s/o Sh. Safi Mohmad r/o Village Sheikhpura, Jawir, Karnal, Haryana.

… Complainant

V E R S U S

1. Rich Infra Developers India Ltd., SCO 144-145, 3^rd Floor, Sector 34-A, Chandigarh 160022 through its Director.
2. Mr. Harvinder Pall Singh, Director, Rich Infra Developers India Ltd., SCO : 144-145, 3^rd Floor, Sector 34-A, Chandigarh 160022.
3. Mr. Gurpreet Singh Sidhu, Director, Rich Infra Developers India Ltd., SCO : 144-145, 3rd Floor, Sector 34-A, Chandigarh 160022.

… Opposite Parties

 

CORAM :	MRS. SURJEET KAUR	PRESIDING MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                

 

ARGUED BY	:	Sh. Atul Goyal, Counsel for complainant
	:	Sh. Devinder Kumar, Counsel for OPs

 

Per Surjeet Kaur, Presiding Member

1.      The facts in brief are, the OPs launched a plan named RICHLIFE/RLM060 and the complainant with a dream of having his own house got allured by the plan and registered for the same. The said plan was for five years as per which the complainant had to deposit an installment of ₹3,000/- per month for 60 months/5 years with the OPs i.e. total consideration value of the plan was ₹1,80,000/- for plot size of 3600 sq. ft.  The complainant paid the first installment of ₹3,020/- on 9.3.2013 and paid the remaining installments of ₹3,000/- from 9.3.2013 to 9.5.2017. However, on 9.6.2017 the OPs refused to accept the 52^nd installment and informed that they have no plots and assured that they will take the balance 9 installments amounting to ₹27,000/- in one go and assured to provide the plot.  The complainant time and again visited the OPs but despite making payment of ₹1,53,000/- no plot was allotted to him.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of OPs, complainant filed the instant consumer complaint.
2.     OPs contested the consumer complaint, filed their written reply and denied any breach of the terms and conditions. Averred in the year 2015, Securities and Exchange Board of India (SEBI) had issued show cause notice to the OPs and initiated proceedings against them and vide order dated 27.9.2018 issued certain directions. OPs filed appeal against the said order which is pending.  Maintained, all the bank accounts of the OPs had been frozen per directions of the Hon’ble Securities and Exchange Board of India, New Delhi. Pleading that there is no deficiency in service or unfair trade practice on their part, OPs prayed for dismissal of the consumer complaint.
3.     Rejoinder was filed by the complainant and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     As per registration letter dated 9.3.2013 (Annexure C-2) and plot agreement to sell dated 9.3.2013 (Annexure C-3), it is evident that the complainant agreed to invest ₹3,000/- per month for five years i.e. 60 monthly installments to buy a plot of 3600 sq. ft. from the OPs and the maturity date of the aforesaid scheme was 9.3.2018 meaning thereby the complainant had to pay ₹3,000/- per month w.e.f. 9.3.2013 to 9.3.2018 and thereafter the OPs guaranteed buy back value of the plot on the date of possession to the tune of ₹2,45,578/-. However, despite receiving the amount of ₹1,53,000/- till date no plot has been allotted by the OPs. It has been alleged by the complainant that the remaining nine installments were refused to be accepted by OPs after 51^st installment with a promise that the amount of ₹27,000/- will be charged in one go and surely the complainant will be provided the aforesaid plot.
7.     The stand taken by the OPs is that in the year 2015, Securities and Exchange Board of India (hereinafter referred to as SEBI) issued show cause notice to OPs and initiated proceedings against them vide order dated 27.9.2018 with specific directions.  The OPs filed appeal against the said order which is pending and the bank account of the OPs had been frozen as per directions of the SEBI. Hence, there is no deficiency in service or unfair trade practice on their part. 
8.     After going through the documents on record, it is abundantly clear that the complainant has already paid an amount of ₹1,53,000/- as per Annexure C-5. The only excuse with the OPs is that it is bound by the order of the SEBI, New Delhi dated 27.9.2018. It is a matter of fact that the complainant invested his hard earned money with the dream to buy a house from the OPs but, despite making maximum payment, even today he is not in a position to achieve his goal.  Even from the perusal of the order dated 27.9.2018 by the SEBI it is clear that the OPs were not entitled to collect money as they have done in the present case. Further, SEBI was also of the opinion that money should be refunded to all the persons from whom the OPs had illegally taken the installments/money.  Needless to mention that even the clear-cut directions of the SEBI have not been complied with by the OPs till date. 
9.     We are of the considered view that a consumer is not expected to wait indefinitely for no fault on his/her part. The complainant has been harassed a lot by the OPs in accepting money from him, but, thereafter taking no steps to issue the plot or to refund the amount.  Failure on the part of OPs to honour their commitments proves deficiency in service and unfair trade practice on their part. As such, complainant is entitled to refund of deposited amount alongwith interest and compensation for the harassment undergone by him.
10.      In view of the above discussion, the present consumer complaint deserves to be allowed. The same is accordingly partly allowed and OPs are directed as under:-

1. To refund the deposited amount of ₹1,53,000/- to the complainant alongwith interest @9% per annum from the respective dates of deposit till realization;
2. To pay ₹20,000/- as compensation for mental agony and harassment caused to the complainant;
3. To pay ₹10,000/- as costs of litigation.

11.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
27/04/2022	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member