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

Consumer Complaint No.474 of 2017

                                                 Date of institution:  10.07.2017                                                         Date of decision   :  01.08.2018

Sunil Kumar Sharma son of Shri Ramesh Chand Sharma, resident of House No.653, Sunny Enclave, Sector 125, Kharar, Tehsil Kharar, District Mohali.

…….Complainant

Versus

1.     Sky City Builders and Promoters, registered office: 303, Shivalik Enclave, Landran Road, Kharar, District Mohali through its Directors (a) Surinder Kumar Verma and (b) Sudarshan Verma.

2.     City Heat Associates, SCO 146-148, 1^st and 2^nd Floor, above HDFC Bank, Sector 43-B, Chandigarh through its Chairman Aman Singla.

3.     Bio Que Estate, SCO 117-118, Sector 17-B, Chandigarh through its Partner Rajeev.

4.     Gandhi Group, SCO 117-118, Sector 17-B, Chandigarh through its partner Mr. Gandhi.

……..Opposite Parties.

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:   Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member

                Mrs. Natasha Chopra, Member.

Present:    Ms. Jyoti Bhatti, counsel for complainant.

                OP No.1 and 2 ex-parte.

                Claim against OP No.3 and 4 already given up.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant alongwith his wife Netu Sharma booked a basement and ground floor in City Heart on N.H. 21, Kharar jointly in the project developed by OPs. Amount of Rs.5.00 lakhs was paid to OPs as booking amount on 12.07.2014. Project of OPs was stranded, so they cancelled the allotment and verbally called upon complainant to collect the refund cheque. Complainant visited office of OPs many times and even gave telephonic calls, but OPs kept on making excuses. However, finally letter dated 25.08.2015 was issued in favour of complainant for calling upon him to collect the refund cheque on or before 20.10.2015. However, despite issue of this letter, amount has not been returned and that is why this complaint for seeking directions to OPs to refund the amount of Rs.5.00 lakhs with interest @ 18% per annum. Compensation for mental harassment and agony of Rs.50,000/- and litigation expenses of Rs.11,000/- more claimed. In addition to these amounts, compensation of Rs.1.00 lakh for unduly keeping money of complainant, even claimed.

2.             Counsel for complainant suffered statement on 19.02.2018 for giving up claim against OP No.3 and 4 and as such name of OP No.3 and 4 was deleted from array of OPs. OP No.1 and 2 are ex-parte in this case.

3.             Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-4 and thereafter closed evidence.  

4.             Written arguments not submitted, but oral arguments heard and records gone through.

5.             Perusal of affidavit of complainant alongwith receipt Ex.C-2 issued on the letter head of OP No.1 shows as if booking amount of Rs.5.00 lakhs was deposited by complainant alongwith his wife against price of show room No.88-A, Ground Floor  plus basement on 12.07.2014. As project not started or the project work was disrupted as per contents of affidavit and that is why OP No.1 issued letter Ex.C-1 to complainant and his wife for calling upon them to collect the refund cheque from their office. In Ex.C-1 name of the project as City Heart itself is mentioned and as such virtually amount of refund is payable by OP No.1 only because name of OP No.2 does not figure anywhere in Ex.C-1 and Ex.C-2. Through Ex.C-3 itself, OP No.1 disclosed complainant and his wife as if loan will be got provided to them from the financial institution and in case the same not happened, then refund of Rs.5.00 lakhs will take place without deduction. Ex.C-4 is copy of brochure. So it is obvious that though OP No.1 promised for refund of paid amount of Rs.5.00 lakhs by issue of refund cheque, but despite that cheque has not been delivered to complainant at all despite repeated visits and as such complainant stood mentally harassed due to inaction of OP No.1, despite assurance. So complainant entitled to compensation for mental agony and harassment and to litigation expenses and also to refund of the deposited amount of Rs.5.00 lakhs with interest @ 12% per annum w.e.f. 25.08.2015 i.e. the date of issue of letter Ex.C-1. Complaint against OP No.2, however, is not maintainable because promise for refund was made by OP No.1 and even the amount was collected by OP No.1 and not by OP No.2.

6.             As a sequel of above discussion, complaint allowed ex-parte against OP No.1 with direction tohim to refund the received amount of Rs.5,00,000/- (Rs. Five Lakhs only) with interest @ 12% per annum with effect from 25.08.2015 (date of issue of Ex.C-1) till payment. Compensation for mental agony and harassment of Rs.20,000/- and litigation expenses of Rs. 5,000/- more allowed in favour of the complainant and against OP No.1. Complaint against OP No.2, however, is dismissed. Payment of these amounts of compensation and litigation cost be made within 30 days from receipt of certified copy of order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.

Announced

August 01, 2018

                                                                                (G.K. Dhir)                                                               President

                                                                   (Amrinder Singh Sidhu)                                                               Member

(Mrs. Natasha Chopra)

Member