DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.1348 of 2018
Date of institution: 20.12.2018 Date of decision : 23.09.2019
Sandeep Kalra son of O.P. Kalra, permanent resident of Lifeline Care Hospital, Adarsh Nagar, Yamunanagar, Haryana.
…….Complainant
Versus
1. Sky Rock City Welfare Society (Regd.) Banur Road, Back Side C.G.C. College, Landran, Sector 111-112, Mohali through its President/Authorised Signatory.
2. Navjeet Singh son of Daljit Singh, The President of The Sky Rock City Welfare Society, Site Office No.111-112, Back side CGC College, Landran, Mohali, Punjab.
2nd Address: Navjeet Singh son of Shri Daljeet Singh, presently confined in District Jail, Rupnagar (Ropar),
District Rupnagar, Punjab through Superintendent of Jail, District Jail, Rupnagar (Ropar).
3. M/s. Sky City, Shop No.6, Link Road, Near Bus Stand, Karnal, Haryana through its Authorised signatory.
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Shri Vikrant Duggal, counsel for complainant
OPs ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
After going through published pamphlets and advertisements for sale of residential plots in project named and styled as Sky Rock Welfare City Society at Mullanpur, SAS Nagar, complainant booked one residential plot of 300 sq. yards in that project at price of Rs.10,000/- per sq. yard. Initial amount of Rs.1.00 lakh was paid vide cheque dated 28.02.2012 and further amount of Rs.10,000/- was paid vide cheque dated 06.03.2012. Complainant got himself registered as member of OP Society. As per terms and conditions mentioned in the application form and memorandum of understanding and instructions, complainant deposited amount of Rs.1.00 lakh vide cheque dated 28.02.2012, but Rs.3.00 lakhs deposited on 15.03.2012. Rs.4.50 lakhs more deposited vide receipt dated 21.07.2012. In this way complainant deposited Rs.8,60,000/- in all including Rs.10,000/- as membership fee. Physical possession of the plot was promised to be handed over within 2 years from the date of membership/registration. It was also assured that in case complainant does not want to continue even after paying some installments, then OPs will refund the entire amount with interest after three years from the date of registration/membership. OPs assured as if the project is approved by appropriate authorities because developer/promoter license, environmental clearance, change of land use clearance, municipal clearance have been obtained from the concerned authorities. OPs failed to handover possession by agreed date of February, 2014. Complainant visited office of OPs many times for enquiring about draw of lots of residential plots, but OPs always procrastinated the matter. OPs booked more number of plots than the available plots. GMADA has also taken cognizance of the same and got issued public notice in The Tribune dated 28.02.2017 for informing general public not to indulge in purchase of plots/flats/commercial shops in any project of the OPs. Complainant now has got knowledge as if the project is illegal and has not been approved by competent authorities. It is further claimed that OPs violated provisions of Sections 3, 9 and 12 of PAPRA Act read with Rule 7 of PAPRA Regulations, 1995. By claiming that OPs adopted unfair trade practice, this complaint filed for seeking refund of deposited amount of Rs.8,50,000/- with interest @ 12% per annum. Refund of membership fee of Rs.10,000/- also claimed alongwith compensation for mental agony and harassment of Rs.1.00 lakh, but litigation expenses of Rs.20,000/-.
2. Though presence of Navjeet Singh, President of OP society in this Forum was got procured by issue of production warrants, but later on none appeared for OPs and as such OPs were proceeded against ex-parte.
3. Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-5 and then closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Application form for membership Ex.C-1 is produced for showing that complainant applied for 300 sq. Yards plot for residential purpose in the above referred project of OPs. Perusal of Ex.C-2, copy of statement of account of complainant shows as if he paid Rs.1.00 lakh to OPs on 28.02.2012, but Rs.10,000/- more on 06.03.2012. Besides this amount of Rs.1,10,000/-, complainant paid further amount of Rs.4,50,000/- to OPs regarding which receipt dated 21.07.2012 was issued. In addition thereto mention in Ex.C-3 (memorandum of understanding) made regarding deposit of booking amount of Rs.3.00 lakhs with OPs. So this documentary evidence available on record certainly establishes that complainant deposited Rs.8,60,000/- in all with OPs on the above referred dates for purchase of residential plot.
6. Complainant through letters Ex.C-4 dated 04.10.2018 and 10.10.2018 sought for latest details regarding project as well as status of delivery of possession of plot by claiming that such requests earlier too had been made many times. No response by complainant was received from OPs and as such it was but natural for complainant to believe that OPs not in a position to handover possession. This belief bound to be converted into actual conception because public notice Ex.C-5 issued by GMADA for information of general public shows that none should deal with OP society for purchase of any plot/flat/commercial shops in any of its project. Even in notice Ex.C-5 it has been mentioned that letter dated 08.02.2017 has been sent to SSP, Mohali for registration of case against OP society under Section 420 IPC. So this evidence available on record certainly establishes that OPs not in a position to handover possession because requisite sanctions/approvals have not been obtained by them for developing the project in question. Being so, complainant entitled for refund of deposited amount with interest @ 12% 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. In holding this view, we are fortified by the decisions given by 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.
7. As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.8,60,000/- (Rs. Eight Lakhs Sixty Thousand only) alongwith interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.25,000/- (Rs. Twenty Five Thousand only) and litigation expenses of Rs.5,000/- (Rs. Five thousand only) more allowed in favour of complainant and against OPs. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
September 23, 2019
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
