Chandigarh

DF-I

CC/843/2022

PANKAJ - Complainant(s)

Versus

RKM HOUSING LIMITED - Opp.Party(s)

VIPIN KUMAR

01 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/843/2022
Date of Institution	:	29.9.2022
Date of Decision	:	1/1 /2024

 

Pankaj W/o Sh. Mohan Lal R/o House No.33, Type-C, CRPF Campus, Hallo Majra, Chandigarh 160002. Permanent add: B-2/82, Gali Bhaian Wali, Mohalla Simble, Batala Gurdaspur.

 

… Complainant(s)

V E R S U S

1.       M/s RKM Housing Limited, Admin Office at Sector 112, SAS Nagar, Mohali, Punjab through its authorized signatory.

2.       Kanwaljit Singh Ahluwalia, Managing Director, M/s RKM Housing Limited, Admin Office at Sector 112, SAS Nagar, Mohali.

… Opposite Parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Vipin Kumar, Advocate for complainant
	:	Sh. J.S. Rattu, Advocate for OPs (defence of Ops struck off vide order dated 29.3.2023)

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that the OP No.1 is the company, deals in housing and real estate  with general public whereas OP No.2  is its Director and is responsible for day to day affairs of OP No.1. On 19.12.2011 the  husband of the complainant booked 200 Sq. yards independent floor with OPs  by paying an amount of Rs.1,00,000/- as booking amount and at that time it was assured by the OPs that the possession of the  plot will be handed over to him within 24 months. Copy of application and payment receipt are attached as Annexure C-1 and C-2.  On 8.4.2012  the complainant paid an amount of Rs.3,20,000/- through cheque  to the OPs and thereafter on 6.5.2012 also paid an amount of Rs.4,20,000/- through cheque to the OPs and the receipts are annexed as Annexure C-3 and C-4.  However the complainant and her husband when visited the site personally they were shocked to see that there is no development and progress at the site. Thereafter the  OPs had offered an alternative plot measuring 145.14 sq. yards at Sector 112, Mohali. On 29.7.2014 the OP No.1  on first part had entered into a memorandum of understanding(MOU)  with the complainant and her husband with regard to one plot measuring 145.14 sq. yrd in joint name of the complainant and her husband. The copy of MOU is annexed as Annexure C-5. After expiry of 18 months  i.e. in February 2016, the complainant when visited  office of OPs and requested for possession of  the aforesaid plot  as per MOU,  the OPs had given vague excuses for non-delivery of the possession within the time as per MOU.  In the month of April 2016, the complainant demanded back her money as the OPs were not handing over the possession of the subject plot. However, in the month of June 2016, the OPs issued six post dated cheques in favour of the complainant and her husband  as refund of principal amount but when the aforesaid cheques were presented before the bank the same were dishonoured and the copies of memo is Annexure C-6(colly).  Thereafter the complainant and her husband again made several visit to the OPs for refund of the aforesaid amount but instead of refunding the aforesaid amount the OPs again allotted plot No. 59 measuring 106 sq. yard. in favour of husband of the complaiant with total cost of Rs.10,64,000/-. The OPs also issued clearance  and possession certificate for the plot but without any demarcation. The OPs promised  to execute sale deed but nothing has been done by them. Copy of allotment letter dated 19.2021 with possession certificate is attached as Annexure CF-7(colly).  Thereafter the MD of the OP No.1 namely Kanwaljit Singh Ahluwalia i.e. OP No.2 got arrested and convicted in one case and in the month of April 2022 the complainant came to know that OP No.2 got interim relief from the court and has been visiting his office for official works. Again the complainant alongwith her husband visited the office  of the Ops and requested for execution of sale deed and   on 5.4.2022 the Ops again issued fresh allotment letter in favour of the complainant qua the plot No.59 (hereinafter to be referred as subject plot) without any demarcation on the spot. The Copy of allotment letter is annexed as Annexure C-8.  The complainant had also issued notice to the OPs vide Annexure C-9 requesting the OPs to execute the sale deed and get the demarcation  and also to issue demarcation certificate but with no result.  The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. The OPs were served and were represented through their counsel but as the Ops could not file their written version within the prescribed period, their defence was struck off vide order dated 29.3.2023.

2. In order to prove their case, complainant has tendered/proved her evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the parties and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the parties that  the complainant and her husband originally booked a plot measuring 200 sq. yards  with the OPs  and paid an amount of
      Rs.8,40,000/-  as is evident from copies of payment receipts/cheques Annexure C-2 to C-4 and when the complainant and her husband visited the spot they found that there was no development work and they again approached the OPs and the OPs agreed to allot another plot measuring 145.14 sq. yards  in lieu of earlier plot  in the joint name of the complainant and her husband as is also evident from Annexure C-5 the MOU and  even in the month  of February, 2016 when they found that the  OPs had not been handing over the possession of the subject plot, the Ops agreed to refund the principal amount by issuing cheques to the complainant and all  the cheques on presentation were dishonoured as is evident from Annexure C-6(colly) and thereafter when the complainant and her husband again approached the OPs they again allotted plot measuring 59 sq. yd.  in lieu of earlier plot as is clear from the copy of allotment letter dated 3.9.2021 Annexure C-7 and another allotment letter dated 5.4.2022  annexed as Annexure C-8 and the OPs had only handed over symbolic possession without getting the spot demarcated and have not executed the sale deed or obtained demarcation certificate of the subject plot till date, the case is reduced to a narrow compass as it is to be determined if the aforesaid act   of the OPs amounts to deficiency in service and unfair trade practice and the complainant is entitled for the relief as prayed for as is the case of the complainant and for that purpose the documentary evidence led by the complainant is required to be scanned carefully.
   2. Annexure C-1 is the copy of application submitted by the husband of the complainant with his nominee as complainant and the same indicates that an amount of Rs.1,00,000/-  was paid as booking amount by the complainant and her husband to the OPs as is also evident from Annexure C-2. It  is further clear from  Annexure C-3  and C-4 i.e. receipts that the complainant had further paid an amount of Rs.3,20,000/- and Rs.4,20,000/- to the OPs on 8.4.2012 and 6.5.2012 respectively. Thus one thing is clear that the complainant has paid a total amount of Rs.8,40,000/- to the OPs. Annexure C-5 is the copy of Memorandum of Understanding executed between the parties, which indicates that the OPs have executed the same with regard to plot measuring 145.14 sq. yds. Annexure C-6 (colly) are the memo issued by the bank and the cheque issued by the OPs to the complainant which were dishonoured due to insufficient funds. In this manner, one thing is clear that even the OPs have not refunded even a single penny to the complainant through cheques issued by them. Annexure C-7  and C-8 are the copies of allotment letters which indicate that the OPs had allotted plot No.59 measuring 106sq. yds in RKM City, Sector 111, Mohali to the husband of the complainant and later on to the complainant  and have also issued clearance and possession certificate. However, the complainant has come with the plea that in fact the OPs have handed over symbolic possession to the complainant without getting the plot demarcated and actual possession could not be delivered till date to the complainant and even OPs are not executing sale deed in favour of the complainant and the said act of the OPs amounts to deficiency in service.
   3. Since the entire evidence led by the complainant is unrebutted by the OPs as their defence has already been struck off, it stands proved on record that the act of the OPs is  deficiency in service and unfair trade practice  as despite of receiving major portion of the sale consideration of the subject plot till date the actual possession has not been delivered or execution of sale deed has not been done in favour of the complainant and her husband. Thus the complainant has successfully proved her case and the complaint deserves to be allowed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to make proper demarcation of the subject plot alongwith completion certificate.
2.  to get the sale deed executed  and registered in favour of the complainant and her husband on payment of balance amount by the complainant to the tune of Rs.2,50,000/-
3. to pay interest @9% p.a. on the amount deposited by the complainant w.e.f. 5.4.2022   when the allotment vide Annexure C-8  was made  till onwards after adjusting the accrued interest amount towards the balance amount of Rs.2,50,000/- to be paid by the complainant to the OPs.
4. to pay an amount of ₹50,000/- to the complainant as compensation for causing mental agony and harassment to her;
5. to pay ₹10,000/- to the complainant as costs of litigation.

5. This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(iii) & (iv) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(i),(ii) & (v) above.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 1/01/2024 mp			Sd/- [Pawanjit Singh] President
			Sd/-
			[Surjeet Kaur] Member