DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                  Consumer Complaint No.216 of 2016

                                                Date of institution:  20.04.2016                                         Date of decision   :  04.10.2016

Hitesh Verma son of O.P. Verma, resident of House No.1234, Sector 15, Panchkula.

 ……..Complainant

                                        Versus

1.     Sahara City Homes, Marketing & Sales Corporation, Sahara India Bhawan-I, Kapoorthala Complex, Aliganj, Lucknopw (U.P.) through its General Manager.

2.     Sahara City Homes, Marketing & Sales Corporation, SCO No.1110-1111, Sector 22, Chandigarh, through its Regional Manager.

3.     Sahara City Homes, Marketing & Sales Corporation, Second Floor, Neelkanth Complex, Camp Chowk, Delhi Road, Hisar, through its Branch Manager.

                                                           ………. Opposite Parties

Complaint under Sections 12 to 14

of the Consumer Protection Act

Quorum

Shri Ajit Pal Singh Rajput, President 

Mrs. R.K. Aulakh, Member.

Present:    Complainant in person.

                Opposite parties ex-parte.

By Ajit Pal Singh Rajput, President

                Complainant, Hitesh Verma son of O.P. Verma, resident of House No.1234, Sector 15, Panchkula, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant in response to the advertisement published in the year 2004-2005, booked a 2 BR Type-B Flat (measuring 86.15 sq. meter) on 23.02.2005 in the Chandigarh Unit of the OPs as a provisional member through their Hisar Branch.  In the advertisement the name of the city was me4ntioned as Chandigarh but the flats were to be constructed at village Bhabat, Zirakpur and the possession of the flat was to be given to the complainant in the year 2007. The complainant deposited Rs.85,750/- being 5% amount of the total cost of the price of the flat vide receipt No.10107889204.  The membership of the complainant was thereafter confirmed vide letter dated 18.07.2005.  As per the payment plan, the complainant deposited 10% of the sale price of the flat in 24 EMIs of Rs.7,146/- each, totaling Rs.1,71,504/- with OP No.3 against due receipts.  The complainant was told that rests of the EMIs were to be paid only after commencement of construction. The complainant had been repeatedly visiting the Hisar and Chandigarh office of the OPs for delivery of possession but nothing came out. The complainant got issued a legal notice to the OPs on 30.11.2009 but no reply was sent by the OPs.  Hence this complaint for giving directions to the OPs to pay him Rs.10.00 lacs towards deficiency in service, Rs.5.00 lacs towards mental torture and harassment and also to pay him Rs.20,000/- per month till delivery of possession OR in the alternative to refund him the deposited amount alongwith interest @ 18% per annum from the date of payment till actual payment alongwith Rs.14.00 lacs compensation.

                The complainant had earlier filed a complaint against the OPs before the District Consumer Forum at Chandigarh on 14.01.2010 but the same was dismissed on the ground of lack of territorial jurisdiction vide order dated 22.01.2010. The appeal preferred by the complainant before the Hon’ble UT State Consumer Disputes Redressal Commission Chandigarh was also dismissed vide orders dated 16.08.2010. The complainant approached the Hon’ble National Commission by way of filing revision petition No.4302 of 2010 which  too met the fate of dismissal vide order dated 06.01.2016 with the observations at District Forums at Chandigarh did not have jurisdiction to entertain the complaint and as the flats were proposed to be constructed at Mohali, thus, the complaint was maintainable at Mohali. Therefore, the present complaint has been filed by the complainant in this Forum on 20.04.2016.

3.             As per the report retrieved from the site of India post, notices to the OPs were duly served; however, none appeared for them.  Thus, the OPs were proceeded against exparte vide order dated 27.07.2016.

4.             In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of news paper cutting Mark-A, receipt Ex.C-1; letter Ex.C-2; account statement Ex.C-3; map Ex.C-4; legal notice and postal receipt Ex.C-5 and C-6; order of DCF UT Chandigarh Mark-B; order of Hon’ble UT State Commission Mark-C and order of Hon’ble National Commission Mark-D.

5.             The complainant has submitted that after receipt of Rs.85,750/- in the year 2005 and Rs.1,71,504/- through 24 EMIs of Rs.7,146/-, the OPs have failed to deliver the possession of the flat. The OPs have been giving false assurance for doing the needful very shortly. Even the OPs have failed to give reply to the legal notice dated 30.11.2009 sent by the complainant. The complainant had invested his money with the OPs with the hope of getting a flat. Therefore, the complainant deserves to the relief sought by him in the complaint. 

6.             After hearing the complainant and going through the pleadings, evidence produced by the complainant and the oral submissions, it is established from the material placed on record that the complainant had deposited a sum of Rs.85,750/-  vide receipt  dated 23.02.2005 Ex.C-1 with the OP being provisional membership and the membership was confirmed vide letter as is evident from the list Ex.C-2  in which the name of the complainant is shown at Sr.No.40. The complainant has further proved payment of total amount of Rs.2,57,234/- vide Ex.C-3 wherein apart from the payment of Rs.85,750/- paid vide receipt Ex.C-1,  payment of EMIs of Rs.7146/- has also been proved. It is also proved on record by the affidavit of complainant i.e. Ex-CW1/1, that the OPs have promised to deliver him the possession in the year 2007. It is also proved from the material placed on record that the OPs have failed to intimate the status of the flat to the complainant. The OPs have even not refunded the deposited amount to the complainant inspite of issuance of legal notice dated 30.11.2009 by the complainant to the OPs. An ample opportunity was given to the OPs to appear in this Forum to contest the complaint but despite of service of notice, none appeared for the OPs, which amounts to admission of the averments of the complaint and that they do not want to say anything in this regard.

7.             Accordingly, in view of our aforesaid discussion, we direct the OPs to refund to the complainant his deposited amount of Rs.2,57,234/- (Rs. Two Lacs fifty seven thousand two hundred thirty four only) alongwith interest @ 8% per annum from the respective dates of deposit till actual refund. We also find that the complainant is entitled to a compensation of Rs.35,000/-  (Rs. Thirty five thousand only) on account of mental agony, harassment  and also Rs.10,000/- (Rs. Ten thousand only) towards litigation cost. The present complaint is hereby accepted. 

                The OPs are further directed to comply with the order of this Forum within 45 days from the date of receipt of this order.

                The arguments on the complaint were heard on 29.09.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 04.10.2016    

                                         (A.P.S.Rajput)           

President

(Mrs. R.K. Aulakh)

Member