Chandigarh

DF-II

CC/764/2019

Ranjna Kumari - Complainant(s)

Versus

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

Shiv Murti Yadav Adv.

17 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	764 of 2019
Date  of  Institution	:	16.08.2019
Date   of   Decision	:	17.08.2023

 

 

 

 

 

1]  Ranjna Kumari w/o Sh.Vijay Kumar,

2]  Vijay Kumar s/o Sh.Balak Ram Kumar,

Both residents of VPO Malahri Tehsil Indora, District Kangra,Himchal Pradesh 176401

             …..Complainants

 

Versus

1]  Rich Infra Developers India Ltd., through its Directors SCO 144-145, 3rd Floor, Sector 34-A, Chandigarh 160022.

2]  Gurpreet Singh Sidhu, Director of Rich Infra Developers India Ltd., SCO : 144-145, 3rd Floor, Sector 34-A, Chandigarh 160022.

3]  Harvinder Pal Singh, Director of Rich Infra Developers India Ltd., SCO : 144-145, 3rd Floor, Sector 34-A, Chandigarh 160022.

4]  Vinod Lal, Director of Rich Infra Developers India Ltd., SCO : 144-145, 3rd Floor, Sector 34-A, Chandigarh 160022.

5]  Gurbinder Maan, Authorised Signatory for Rich Infra Developers India Ltd., SCO : 144-145-146, 3^rd Floor, Sector 43-A, Chandigarh 160022.

   ….. Opposite Parties

 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                 MEMBER

 

Argued by: -

Sh.Shiv Murti Yadav, Counsel for the complainant

Sh.Devinder Kumar, Counsel of OPs No.1, 3, 4 & 5.

None for OP No.2.

 

PER B. M. SHARMA, MEMBER

 

1]      By dint of this common order, we propose to dispose off two (02) connected consumer complaints i.e. present complaint one and another consumer Complaint No.763/2019 – Vijay Kumar & Anr. Vs. Rich Infra Housing Cooperative Society Ltd. & Ors.

 

2]       The facts are gathered from C.C.No.764/2019 – Ranjana Kumari & anr. Vs. Rich Infra Developers India Ltdf. & Ors.

 

3]       Briefly stated, the complainants with a dream of having their own house got allured by the plan launched by the OPs and as such registered for the same. The complainant No.1 made payment of Rs.One Lakh to the OPs on 21.4.2014 vide First Receipt No.100464 towards allotment of 1000 sq. ft. plot whereas complainant No.2 made payment of Rs.4 lacs to the OPs on 23.4.2014 vide First Receipt No.100762 towards allotment of 4000 sq. ft. plot in their project (Ann.C-1 & C-2).  The OPs also executed Plot Agreement to Sell with the complainants in respect of above said plots.  It is also stated that on 5.12.2014 the OPs have  issued Plot Allotment Letters to both the complainants, one plot with the name of Ranjna Kumari against Application No.131103, dated 21.4.2014 measuring 1000 sq. ft. vide Khatoni No.363/377 as per the project map plot No.8774, situated at Village Kot Tehsil Garhshanker, District Hoshiarpur, Punjab.  The OPs also issued Plot Allotment letters to complainant No.2 measuring 4000 sq.ft. vide Khatoni No.363/377, Plot NO.8776,  situated at Village Kot Tehsil Garhshanker, District Hoshiarpur, Punjab. 

         It is submitted that the OPs were to deliver the possession of the allotted plots to the complainants by 23.4.2017 but they neither delivered the possession of the plots nor refunded the amount despite several visits made by the complainants at the office of the OPs.  Hence, this complaint has been preferred alleging the aforesaid acts & conduct of the OPs as deficiency in service and unfair trade practice.

 

4]       The OPs have filed written version and denied any breach of the terms and conditions. It is stated that in the year 2013, 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. It is stated that the OPs filed appeal against the said order which has been decided. It is submitted that SEBI has restrained the answering OP not to develop and to sell the properties.  It is also submitted that 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, the OPs prayed for dismissal of the consumer complaint.

5]       Replication has also been filed by the complainant controverting the assertions of the OPs made in their reply.        

6]       Parties led evidence in support of their contentions.

 

7]       We have heard the ld.Counsel for the parties and have gone through the documents on record including written arguments

 

8]       From the perusal of the documents on record, it is clear that the complainants have already paid an amount of Rs.1,00,000/- & Rs.4,00,000/- to the OPs as per Ann.C-1 & C-2 (Pg. 12 & 16).  The main plea taken by 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 complainants invested their hard earned money with the dream to buy a house from the OPs but, despite making full payment, they are not in a position to achieve their goal even today of having a house or residential plot.  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. 

9]       In our opinion, the complainants/ consumer cannot be made to wait indefinitely for the possession of the Unit/Flat/plot and they are entitled to seek the refund of the amount along with compensation. The OPs have accepted the money, but failed to honour the commitment/promise made with complainants, so they are liable to refund the amount alongwith interest from the respective dates of deposit till payment. Therefore, the deficiency in service as well as unfair trade practice resorted to by the OPs, is clearly established, which not only caused huge financial loss to the complainant, but also caused him immense harassment & mental agony.

10]      In the light of above observations, we are of the considered view that the Opposite Parties are found deficient in rendering proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint deserves to succeed against the Opposite Parties. Accordingly, the present complaint is allowed with direction to the OPs to refund an amount of Rs.5 lacs (Rs.1,00,000/- + Rs.4,00,000/-) along with interest @9% p.a. from May, 2014 (i.e. next month from the date of deposit of amount) till its payment.

11]      Similarly, the connected C.C.No.763 of 2019 -‘Vijay Kumar & Anr. Vs. Rich Infra Housing Cooperative Society Ltd. & Ors,’ also stands allowed with directions to the Opposite Parties to refund an amount of Rs.72,000/- (Rs.36,000/- + Rs.36,000/-) along with interest @9% p.a. from January, 2017 (i.e. next month from the date of deposit of complete amount) till its payment.

         The OPs are also directed to pay an amount of Rs.25,000/- in each case to the complainants towards compensation for causing them immense mental agony and harassment, along with litigation cost of Rs.15,000/- in each case.

         The above said order shall be complied with by the Opposite Parties jointly & severally within a period of 45 days from the date of receipt of its copy.

 

12]      The pending application (s), if any, stands disposed off accordingly.

         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

17.08.2023                             

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER