DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI).

B.K. Aggarwal son of Shri B.R. Aggarwal, resident of 1485, Sector 60, SAS Nagar (Mohali).

                                                        …………...Complainant

                                Versus

1.     Shiwalik Site Planners Pvt. Ltd. Head Office, SCO 510, Sector 70, Mohali through its Managing Director/Authorised signatgory Shri Amardeep Singh Hira.

        Second Address:

        Branch Office SCO 105-106, Phase-10, Mohali.

2.     M/s. Shiwalik Realtech Pvt. Ltd. SCO 510, Sector 70, Mohali.

        Second Address:

        SCO 105-106, Phase-10, Mohali through Amardeep Singh Hira, Managing Director –cum- authorized signatory.

3,     Daljit Singh, Director of Shiwalik Site Planers Pvt. Ltd. Head Office SCO 510, Sector 70, Mohali.

4.     Gulmohar Residency, Sector 116, Greater Mohali through Amardeep Singh Hira, Managing Director –cum- authorized signatory.

                                                        …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                Hon’ble Mr.S.K.Aggarwal, President

                Hon’ble Ms. Paramjeet Kaur, Member  

Present:     Complainant in person

                OPs ex-parte.                            

ORDER                                           

                The complaint has been filed by the complainant against the Opposite Parties (hereinafter referred to as the OPs) under the Consumer Protection Act.   It is averred that the complainant had entered into an agreement to sell dated 18.02.2012 for purchase of one plot No.212 measuring 122.67 sq. yards situated in Shiwalik Estate, Village Chapperchiri, Tehsil Kharar, District SAS Nagar, Sector 116, Mohali @ Rs.20,000/- per sq. yards. The complainant made payments of Rs4.00 lakhs to the OPs vide receipt dated 13.02.2012, Rs.3.00 lakhs vide receipt Rs.15.02.2012 and Rs.4.00 lakhs through cheque dated 20.03.2012 and Rs.6.00 lakhs in cash on 15.06.2012.  At the time of agreement, the OPs also supplied brochure of the project to the complainant and assured that the OPs would develop the project as per the brochure. On 30.01.2014 the OPs changed the allotment of above said plot No.212 and re-allotted Plot No.162, Gulmohar Residency, Sector 116, measuring 147.375 sq. yards at village Chapparchiri, Tehsil Kharar, District Mohali vide resolution dated 30.01.2014 and issued allotment of Plot No.162. The complainant visited the spot but there was no development. On demand of OPs, the complainant paid Rs.12.00 lakhs to the OPs vide receipt dated 30.01.2014 and also paid remaining amount of Rs.47,500/- in cash on 30.01.2014 and no due certificate in respect of the plot was issued to the complainant.  As per the agreement, the OPs were to execute the sale deed and handover the physical possession of the plot after receipt of full and final consideration amount. The complainant had paid the full and final amount by 30.01.2014, but the OPs have neither executed the sale deed nor handed over the possession of the plot.  There is no development at the site. The complainant through legal notice dated 24.04.2019 requested the OPs to execute the sale deed and handover the possession, but in vain. As the OPs have failed to execute the sale deed and handover the possession, the complainant has sought refund of the deposited amount of Rs.29,47,500/- .

                Consequently, prayer has been made for issuance of direction to the OPs to refund the amount of Rs.29,47,500/- alongwith interest @ 24% per annum along with compensation for mental agony and physical harassment to the tune of  Rs.10,00,000/- and litigation expenses of Rs.25,000/-.

2.             The OP did not appear and were proceeded against ex-parte vide order dated 06.12.2022.

3.             In support of his case, the complainant tendered in evidence his affidavit Ex.CW-1/A along with documents Ex C-1 to Ex C-13.

4.             We have heard the complainant and have also gone through the record.

5.             The complainant entered into an agreement to sell Ex.C-1 for Plot No.212 measuring 122.67 sq. yards  at Sector 116, Mohali @ Rs.20,000/- per sq. yards.  At that time the complainant had paid Rs.7.00 lakhs to the OPs which fact is duly mentioned in the agreement itself and receipts Ex.C-3 and Ex.C-4 were also issued by the OPs.  Payment of Rs.4,00,000/- was made by the complainant to the OPs vide receipt Ex.C-5. The complainant had paid Rs.6.00 lakhs to the OPs on 15.06.2012, receipt whereof is duly made at the agreement to sell Ex.C-1. However, vide resolution dated  30.01.2014 Ex.C-8 the OPs have authorized Shri Amardeep Singh Hira to sign all the papers for registration of Plot No.162 having area of 147.375 sq. yards at village Chapparchiri, Tehsil Kharar on behalf of the company and thereafter plot No.162 was allotted to the complainant vide allotment letter dated 30.01.2014 Ex.C-9. Vide Ex.C-10/A dated 30.01.2014 the complainant has made payment of Rs.12,00,000/- to the OPs.  The OPs have also issued no dues certificate dated 30.01.2014 Ex.C-10 in favour of the complainant.  The OPs have neither executed the sale deed nor handed over possession of the plot to the complainant. The allegations set out in the complaint go unrebutted and unopposed as the OPs did not choose to contest the complaint.  The complainant filed his affidavit in support of the averments made in the complaint as which remained unopposed. It stands proved that OPs remained deficient in providing services to the complainant.

6.             The complainant is seeking refund of Rs.29,47,500/- from the OPs but the documentary evidence produced by the complainant shows that he had paid Rs.29,00,000/- to the OPs on various dates. As regards payment of Rs.47,500/- which the complainant is alleging that the same has been paid in cash to the OPs,  but in the absence of any documentary evidence, this amount cannot be ordered to be refunded to the complainant by the OPs.  As such the complainant is entitled for refund of amount of Rs.29,00,000/- only.

7.             Consequently, keeping in view the entire facts and circumstances of this case, we partly allow the complaint and direct the OPs to refund to the complainant Rs.29,00,000/-   alongwith interest @ 9% per annum  from the respective dates of deposits, within a period of 30 days from the date of this order, failing which this amount will carry interest @ 12% per annum till actual refund.  The OPs are further directed to pay a lump sum amount of Rs.10,000/- as compensation for mental agony and harassment as well as litigation expenses to the complainant.

8.             The instant complaint could not be disposed of within stipulated period for want of quorum.

                Certified copies of this order be sent to the parties free of costs.   File be indexed and consigned to record room.

Pronounced

August 10, 2023

                        (S.K. Aggarwal)

                                                                President

(Ms. Paramjeet Kaur)

Member