Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 614.
Instituted on : 19.12.2018.
Decided on : 15.04.2019.
Anil Kumar, age 33 years, son of Sh. Om Singh, Resident of H.No. 724/28, Sharma Nagar, Bhiwani Road, S.K, Girls Sr. Sec. School, Jind. ………..Complainant.
Vs.
Rich Infra Pvt. Ltd., S.C.O., 144-145, 3rd Floor, Sector-34A, Chandigarh through its Managing Director.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
DR. RENU CHAUDHARY, MEMBER.
Present: Sh. Shekhar Sharma, Advocate for the complainant.
Opposite party already exparte vide order dated 30.01.2019.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainant has booked a shop No. 73 measuring 170 sq. fts. vide registration No. RMR1083 dated 20.11.2013 in project of respondent namely Rich Market, Rohtak and an agreement to the subsequent terms and conditions of the allotment was executed between the parties. That the complainant has paid an amount of Rs.1,65,000/- to the respondent upto till date. It is alleged that with the passage of time the complainant kept on waiting for the allotment of shop, but even after passing of period of more than 5 years, the complainant has not got any information about allotment of shop. The complainant has served notice dated 21.06.2017 to the opposite party and requested to handover the possession of the shop, but all in vain. That the act of opposite party is illegal and there is deficiency in service on the part of opposite party. As such, it is prayed that opposite party may kindly be directed to refund the amount paid by the complainant i.e. Rs. 1,65,000/- alongwith interest @ 18% per annum from the date of deposit to the date of actual realization and to pay an amount of Rs. 1,00,000/- on account of harassment and Rs. 11,000/- as litigation expenses as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite party. Notice issued to opposite party through registered post not received back either served or unserved. Hence, opposite party was proceeded against exparte vide order dated 31.01.2019 of this Forum.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C6 and has closed his evidence on dated 11.03.2019.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. Perusal of the record reveals that agreement Ex.C1 was made between the Rich Infra India Ltd. Vs. Anil Kumar s/o Om Singh and it was agreed between the parties that : “The 1st party has agreed to the proposal and advance application form of the 2nd Party and pursuant thereto allotted a tentative Plot No.73 measuring 10’x 17’(170 sq.ft. (This is a corner + road facing plot and PLC will be charged as per the payment plan). The Registration No. of this Plot is RMRR072/34673”. As per this agreement clause No.21, it is submitted that : “In case of non-delivery of project due to any unavoidable reason/acquisition by Government of Governing Authority/change in norms, laws etc., both parties are bound to agree on any of the one following conditions.. (a). the 2nd party can purchase another plot in another project of 1st party at agreed price by both the parties or, (b): The 1st party is bound to pay 8% per annum S.I. on total paid amount(Payable only after 3 years of full payment received by the 1st party). (c): The 1st party is bound to pay 16% per annum S.I. on total paid amount(Payable only after 6 years of full payment received by the 1st party).
6. As per payment receipt Ex.C5 dated 23.01.2014 amounting to Rs.82500/- and receipt Ex.C6 dated 20.11.2013 amounting to Rs.82500/-, the opposite party has received an amount of Rs.164500/- from the complainant in two installments. The contention of the complainant is that even after depositing the alleged amount, neither the development work was started nor the possession was handed over to the complainant. Moreover, no demand of remaining amount has been made by the opposite party till date. The complainant served a legal notice Ex.C3 to the opposite party which was not replied. It is also on record that opposite party did not appear despite service and as such it is presumed that opposite party has nothing to say in the matter and all the allegations leveled by the complainant against the opposite party regarding not starting the development work and not handing over the possession of plot stands proved. Hence there is deficiency in service on the part of opposite party and opposite party is liable to refund the amount deposited by the complainant alongwith interest.
6. In view of the facts and circumstances of the case, complaint is allowed and we hereby direct the opposite party to refund the amount of Rs.165000/-(Rupees one lac sixty five thousand only) alongwith interest @ 12% p.a. from the date of deposit till its realization and also to pay Rs.25000/-(Rupees twenty five thousand only) to the complainant on account of cost of litigation and the compensation for the harassment caused by the opposite party to the complainant within one month from the date of decision..
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
15.04.2019.
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Nagender Singh Kadian, President
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Ved Pal, Member.
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Renu Chaudhary, Member.
