DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.599 of 2015
Date of institution: 05.11.2015 Date of decision : 06.02.2017
Akashdeep son of Tarsem Lal, resident of House No.306, Ward No.15, Patshalla Mohalla, Dhuri, District Sangrur.
……..Complainant
Versus
1. Sky Rock City Welfare Society (Regd.), Site Office, 111-112, Near CGC College Landran, SAS Nagar, Mohali through its President Navjeet Singh.
2. Navjeet Singh, President, Sky Rock City Welfare Society (Regd.), Site Office, 111-112, Near CGC College Landran, SAS Nagar, Mohali
………. Opposite Party
Complaint under Sections 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President Shri Amrinder Singh Sidhu, Member.
Present: Shri Pushpinder Kaushal, counsel for the complainant.
OPs ex-parte.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Akashdeep has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
The complainant booked plot measuring 200 sq. yards with the OPs after becoming member of OP No.1 vide Membership No.R-1924. The complainant had paid a sum of Rs.8,60,000/- to the OPs from 28.05.2011 to 01.08.2012. At the time of booking the plot, the OPs had assured that the possession of the plot would be delivered within three years of registration. The registration was done in the year 2011. Thus, the possession of the plot was to be delivered to the complainant by 2014. The complainant had been approaching the OPs for delivery of possession or in the alternative to refund him the deposited amount. The complainant had also sent e-mails to National Consumer Helpline & Department of Administrative Reforms & Public Grievance, Punjab on 07.10.2014. The complainant also came to know that the Promoter Licence of the OPs has been cancelled by GMADA. Even an FIR HNo.86 dated 06.07.2011 was registered against the OPs at PS Phase-1, SAS Nagar for the offence committed under Section 36 and other provisions of PAPRA Act. One of the victim like the complainant has sought information under RTI from GMADA from which it came to light that till date no license for the colony has been issued in the name of the OPs. The complainant had also moved a complaint before the police wherein the police called the OP No.2 who promised to refund the amount alongwith interest and issued two cheques dated 30.07.2015 for Rs.3.00 lakhs and cheque dated 30.09.2015 for Rs.2.00 lacs which have been cleared. However, the remaining amount and interest has not been paid by the OPs to the complainant. Hence the complainant has sought direction to the OPs to refund him the amount of Rs.3,60,000/- alongwith compound interest @ 12% per annum from the dates of deposit till realisation; to pay him compound interest @ 12% per annum on amount of Rs.5,00,000/- refunded by the OPs, from the date of making payment till refund made by the OPs; to pay him Rs.10.00 lakhs as compensation for mental agony, harassment and Rs.21,000/- as costs of litigation.
2. Notice sent to the OPs received back with the report of refusal. Hence presuming due service as per Section 28-A of the Consumer Protection Act and none having appeared for the OPs, they were proceeded against ex-parte vide order dated 08.02.2016.
3. In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; payment receipts Ex.C-1 to C-7; letter dated 04.09.2014 Ex.C-8; letter to the OPs Ex.C-9; printed copies of details of message sent from the mobile of the complainant Ex.C-10; complaint made on line Ex.C-11 and Ex.C-12; FIR Ex.C-13; letter dated 08.08.2013 Ex.C-14; complaint to SSP Ex.C-15 and statement of account Ex.C-16.
4. The learned counsel for the complainant has submitted when the complainant came to know that the OPs does not have necessary sanctions and approvals for the project, he requested the OPs to make him refund of the amount alongwith interest. After lot of persuasion the OPs have made partial refund of Rs.5.00 lakhs but had not made total refund alongwith interest. This act on the part of the OPs per se demonstrate that the OPs have committed unfair trade practice and are deficient in service.
6. After hearing the learned counsel for the complainant and going through the pleadings, evidence and the written as well as oral submissions, it is established from the material placed on record that the complainant had deposited a sum of Rs.8,60,000/- with the OPs vide receipt Ex.C-1 to C-7. It is also proved on record by the affidavit of complainant i.e. Ex-CW1/1, that the OPs have made him partial payment of Rs.5.00 lakhs vide two cheques dated 30.07.2015 and 30.09.2015. Thereafter, the OPs have even not refunded the balance amount of Rs.3,60,000/- and also the interest on the total amount from the dates of deposit till refund. An ample opportunity was given to the OPs to appear in this Forum to contest the complaint but they refused to accept the notice which amounts to admission of the averments of the complaint and that they do not want to say anything in this regard.
7. Accordingly, in view of our aforesaid discussion, we direct the OPs to refund to the complainant his balance amount of Rs.3,60,000/- (Rs. Three lacs sixty thousand only) alongwith interest @ 9% per annum from the respective dates of deposit till actual refund. We also find that the complainant is entitled to a compensation of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony, harassment and also Rs.10,000/- (Rs. Ten thousand only) towards litigation cost. The present complaint is hereby accepted.
The OPs are further directed to comply with the order of this Forum within 45 days from the date of receipt of this order.
The arguments on the complaint were heard on 02.02.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 06.02.2017
(A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
