DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No.206/02.12.2008 Decided on : 20.03.2009 Vijay Kumar Singla, Advocate S/o Sh.Kulwant Rai Singla, resident of Bhadaur House, Opposite New Court Complex, Mansa. ..... Complainant. VERSUS 1.Sahara India Pariwar Housing Unit, Sahara India Tower, 7 Kapoorthala Complex, Lucknow, through its Managing Director. 2.Regional Office , Sahara Indian Pariwar, SCO No.1110-1111, Branch, Sector 22, Chandigarh, through its Regional Manager. 3.The Branch Manager, Sahara Indian Pariwar, SCO No. SCO No.1110 -1111, Branch, Sector 22, Chandigarh. ..... Opposite Parties. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh.S.K. Singla, Advocate counsel for the complainant. Opposite Parties exparte. Quorum: Sh.Sarat Chander, Member. Smt.Neena Rani Gupta, Member. ORDER:- Sh.Sarat Chander, Member This complaint has been filed by Vijay Kumar Singla, Advocoate S/o Sh.Kulwant Rai Singla, resident of Bhadaur House, Opposite New Court Complex, Mansa, under Section 12 of the Consumer Protection Act, 1986. Brief facts of the case are that the complainant, had filed two applications No.333030455726 and 333030455727 both dated 6.1.2005 for Contd........2 : 2 : allotment of two housing units as per the terms and conditions of the scheme floated by the opposite parties named as 'Sahara India City Homes Township' at Chandigarh. The opposite parties had given a wide publicity to the said scheme in leading newspapers for the information of the general public under the head 'Swaran Rajat Yojana' inviting applications on or before 28.2.2005. After reading the advertisement in the newspapers at Mansa, the complainant came to know about the said scheme under reference and deposited a sum of Rs.2,00,008/- through bank draft payable at State Bank of India, Lucknow in favour of Sahara India. The opposite parties issued receipt Nos. 010142401402 and 010142401403 dated 7.1.2005 in the sum of Rs.1,00,004/- each, as such, complainant is consumer, qua two housing units under the opposite parties, who had given assurance for allotment of housing units in the month of March, 2005. After waiting for considerable time, complainant sent representation to the opposite parties seeking information about the allotment of housing units till date his letter has not been responded by them. The complainant had applied for the allotment of housing units to enable and start practice at Punjab & Haryana High Court, Chandigarh, but he could not do so, due to non allotment of housing units and has suffered huge financial loss, as such, since the opposite parties have failed to allot housing units to the complainant despite service of legal notice, there is deficiency in service on their part and he is entitled to the refund of the amount deposited by him in the sum of Rs.2,00,008/- and compensation of Rs.10,000,00/- alongwith interest @ 24% till the date of deposit of amount and a sum of Rs.5500/- on account of costs and any other relief as deemed proper by the Forum. Notice of the complaint was given to the opposite parties, but they have been proceeded against parte vide order dated 22.1.2009. In exparte evidence, counsel for the complainant has tendered his affidavit and copies of documents Ext.C-1 to C-5 and closed evidence. We have considered the arguments advanced by the learned Contd........3 : 3 : counsel for the complainant and carefully scrutinized the entire evidence placed on record by him. The complainant has produced on record copies of applications and printed forms duly filled at the time of allotment of housing units under the scheme floated by the opposite parties, Ext.C-3 to C-6. He has also produced on record copies of receipts Ext.C7 and C8 issued by the opposite parties after receipt of amount of Rs.2,00,008/- from him remitted through bank draft Ext.C-2. He has also produced reply of notice dated 13.9.2008 Ext. C-11 given by the opposite parties and envelope Ext.C-10 addressed to him at his resident address at Mansa. He has produced copy of legal notice Ext.C-12 served by him upon the opposite parties and postal receipts Ext.C-13 showing dispatch of the same through registered post. He has also tendered his own affidavit Ext.C-15, wherein he has reiterated all the allegations made in the complaint almost in their entirety. The above said oral and documentary evidence produced on record by the complainant has gone unrebutted as the opposite parties have not come forward to contest the complaint. Vide their office letter dated 13.9.2008, Ext.C-11, the Ops have acknowledged the receipt of amount deposited by the complainant but have expressed their willingness to release the amount alongwith interest , provided the complainant supplies his PAN number for income tax purposes. In the light of the above said evidence produced on record by the complainant, we have come to the conclusion that complainant is their consumer qua the two housing units under the scheme floated by the opposite parties. Since the complainant is seeking refund of his amount along with interest, therefore, payment of income tax is his personal liability as such there is deficiency in service on the part of the opposite parties in retaining the huge amount and depriving the complainant of its use. Contd........4 : 4 : In view of the above said facts, the complaint is accepted and the complainant is entitled to the refund of Rs.2,00,008/- along with interest @ 9% p.a. from the date of deposit i.e. 7.1.2005 till the date of realization. Since we are inclined to pay interest on account of delay in refund of the amount, therefore, complainant cannot be awarded compensation simultaneously. However, the opposite parties cannot escape the liability from making the payment of costs incurred by the complainant for filing the instant complaint, which we assess as Rs.1,000/-.compliance of this order be made within a period of two months from the date of receipt of the copy of the order, which shall be supplied to the parties free of cost under the rules. File be arranged, indexed and consigned to record. Pronounced 20.03.2009 Neena Rani Gupta, Sarat Chander, Member. Member.
