Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 204.
Instituted on : 26.04.2019.
Decided on : 27.09.2019.
Shekhar Sharma s/o Subhash Chander R/o H.No.2581 Housing Board Colony, Rohtak.
………..Complainant.
Vs.
Rich Infra Pvt. Ltd., S.C.O. 144-145, 3rd Floor, Sector-34, Chandigarh through its Managing Director.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Sh.M.S.Vashisth, Advocate for the complainant.
Opposite party exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant booked a shop No.57 measuring 170 sq.fts. in project of respondent and an agreement to this effect was executed between the parties. That complainant has paid an amount of Rs.290000/- to the respondent upto till date. 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 the allotment of shop. That complainant has came to know that respondent has no proof of sanction/document regarding the property in question and upto till date no work has been started on the spot. That respondent has misappropriated the lawful amount of the complainant, which is illegal and due to delay tactic on the part of respondent, the complainant is suffering a huge financial loss. That the respondent company has miserably failed to handover the possession of the shop to the complainant within stipulated period and the basic amenities have not been provided on the spot till date which amounts to deficiency in service on their part. Complainant also served a legal notice dated 08.04.2019 to the opposite party but to no effect. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the amount paid by the complainant i.e. Rs.290000/- alongwith interest, compensation and litigation expenses as explained in relief clause.
2. Notice of the present complaint was issued to the opposite party through registered post. As per track record filed by the complainant, it appears that the item stands delivered to respondent but despite the fact, opposite party did not appear and was proceeded against exparte vide order dated 13.06.2019 of this Forum.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence on dated 28.08.2019..
4. We have heard ld. counsel for the complainant and have gone through the material aspects of the case.
5. After going through the file and hearing ld. counsel for the complainant, it is observed that as per receipts Ex.C1 to Ex.C3, complainant had deposited an amount of Rs.192500/-(Rs.72500/- + Rs.47500/-+ Rs.72500/-). Beside this amount complainant has also paid an amount of Rs.25000/- on 11.10.2013, as is admitted by the opposite party in para no.2 of its document Ex.C4. Hence the total amount paid by the complainant is Rs.217500/-, but till date neither the possession of shop has been given by the opposite party within stipulated period nor the basic amenities have been provided on the spot till date. On the other hand, 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 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 and compensation.
6. In view of the above, complaint is allowed and we hereby direct the opposite party to refund the amount of Rs.217500/-(Rupees two lac seventeen thousand five hundred only) which shall be paid by opposite party alongwith interest @ 9% p.a. from the date of their respective payments by the complainant to the opposite party till its realization and shall also pay a sum of Rs.25,000/-(Rupees twenty five thousand only) as compensation on account of deficiency in service and litigation expenses 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.
8. File be consigned to the record room after due compliance.
Announced in open court:
27.09.2019.
................................................
Nagender Singh Kadian, President
…...........................................
Renu Chaudhary, Member.
..........................................
Tripti Pannu, Member.
