DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI)

                                    Consumer Complaint No.1654 of 2020

                                                Date of institution:  30.09.2020                                              Date of decision   :  12.12.2022

Gurcharan Singh Sethi son of Harnam Singh Sethi, House No.2414/1, Sector 38-C, Chandigarh.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh,  Sky Rock City, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali.

2.     Navjeet Singh, President, Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh, Sky Rock City, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali, Punjab.

        (Now currently lodged in New Jail, Nabha).

                                                      ……..Opposite Parties

           Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Ms. Gagandeep Gosal, Member.

                Ms. Paramjeet Kaur, Member

Present:    Shri N.S.Jagdeva, counsel for the complainant.

                OPs ex-parte.

Order dictated by :-  Shri Sanjiv Dutt Sharma, President.

Order

               The present order of ours will dispose of a complaint under the Consumer Protection Act, filed by the complainant (hereinafter referred to as ‘CC’ for short) against the Opposite Parties (hereinafter referred to as ‘OPs’ for short) on the ground that in the year 2009-2010, the OP society had launched a scheme of housing for giving plots to its members.  The CC applied for 150 sq. yards plot, vide application form dated 21.07.2011 alongwith membership fee of Rs.10,000/-.  The CC booked 150 sq. yards plot with the OP @ Rs.8,500/- per sq. yards at a total cost of Rs.12,75,000/-. It is averred that the possession of the plot was to be handed over within two years from the date of booking.  It was also agreed that if the applicant does not want to continue even after paying some installments, then he will be refunded the entire amount, alongwith prevailing interest PA after one year from registration. The Manager of the OPs informed the CC at the time of booking, that they have all the necessary permissions of Punjab Govt./GMADA to  launch the project. However, the CC later on found that at the time of booking of plot the OPs misrepresented to him regarding obtaining of requisite sanctions.  The CC made payment of Rs.13,82,500/- to the OPs in all from 21.07.2011 to 24.05.2015.  The OPs vide letter dated 16.09.2013 provisionally allotted plot No.F-132 in Sector 111-112, Mohali to the CC. On demand of the OPs vide letter dated 09.09.2016,  the CC deposited an amount of Rs.1,70,934/- with the OPs vide receipt dated 19.08.2015 towards EDC and IDC charges. Thereafter the OPs allotted a plot No.222 A in Sector 111-112, Mohali.  The CC has made all the payments well in time. However, the OPs failed to handover the possession within the stipulated period of two years from the date of registration. However, later on the CC came to know from the official website of the GMADA that the license of the OPs, has been cancelled by Punjab Govt. and GMADA. The CC also came to know from print media that a fraud of Rs.1500 crores has been played upon general public by the OPs due to which Mr. Navjit Singh, President of the OP society has been lodged in Jail and even his request for quashing of the FIR has been dismissed by Hon’ble High Court of Punjab & Haryana. The OPs had failed to handover the possession of the plot within the stipulated period of two years. The CC visited the site office of the OPs and sought refund of the money, but no responsible person was found for the redressal of grievance of the CC.

                Thus, alleging deficiency in service on the part of the OPs, the CC has sought directions to the OPs, either to handover the possession of the plot No.222 A, Sector 111-112, Mohali or in the alternative refund Rs.13,82,500/-  alongwith interest @ 12% per annum from the date of deposits of amount till the date of refund. The CC has also sought Rs.2,00,000/- as compensation for mental and physical harassment and Rs.33,000/- as litigation expenses. The complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.

2.             The Ops did not appear and were proceeded against ex-parte vide order dated 15.11.2022.

3.             The CC in support of his complaint submitted in evidence his affidavit Ex.CW-1/A and various documents Ex.C-1 to Ex.C-13.

4.             We, have heard counsel for the complainant and have gone through the file.

5.             Since, the evidence of the CC is cogent, reliable, and trustworthy and unchallenged, we have no alternative except to believe the same. The CC became member of the OP society by making payment of membership fee of Rs.10,000/- vide receipt Ex.C-2. Perusal of share certificate Ex.C-1 shows that membership of the OP society was allotted to the CC in respect of 150 sq. yards plot. The CC has produced various receipts Ex.C-3 to Ex.C-9 to prove that he has made payments to the OPs on various dates.  Ex.C-10 is the provisional allotment letter vide which plot No.F-132 in Sector 111-12 measuring 150 sq. yards was allotted to the CC by the OPs. Plot Allotment agreement Ex.C-17 was executed between the parties on 01.04.2015. Ex.C-13 is the public notice issued by GMADA in the newspaper, whereby the general public was intimated that license of promoter of the OP society was cancelled, vide order dated 02.05.2018 and the general public was advised not to indulge in any sale/purchase/transaction in respect of any plot/site/apartment in the unauthorized colony being developed by the OPs. It is on the file that no development activity has been carried out on the spot and as such it is obvious that OPs not are in a position to handover possession of the plot to the CC. As such the CC is entitled for refund of deposited amount with interest @ 9% per annum from the dates of deposits till payment because of violation of provisions of Section 6 and 12 of PAPRA Act, read with Regulation 17 thereof committed by OPs, as has been held by the Hon’ble State Consumer Disputes Redressal Commission Punjab in CC No.716, 789, 835 etc. of 2017 titled as Mangal Singh Kondal & others Vs. Bajwa Developer & Another and First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another,  decided on 30.07.2018. 

6.             Accordingly the present complaint is allowed and the OPs are directed to refund to the CC the amount to the tune of Rs.13,82,500/- alongwith interest @ 9% per annum from the dates of various deposits till realisation. The OPs are further burdened to pay a consolidated compensation to the tune of Rs.50,000/- to the CC towards mental agony, harassment and cost of litigation. Compliance of this order be made by the OPs within 30 days from the date of receipt of free certified copy of the order. Certified copies of the orders be supplied to the parties as per rules.  File be consigned to record in accordance with rules.

Announced

December 12, 2022

                                                                (Sanjiv Dutt Sharma)

                                                                President

                                                       I agree.

(Ms. Gagandeep Gosal)

Member

I agree.

 (Ms. Paramjeet Kaur)

Member