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

                                      Consumer Complaint No.319 of 2015

                                                Date of institution:  09.07.2015                                         Date of decision   :  21.12.2016

Anguri Devi wife of Mohan Lal, resident of House No.110, Shastri Colony, Yamuna Nagar, Haryana.

 ……..Complainant

                                        Versus

Sky Rock City Welfare Society, Sector 111-112, Backside Chandigarh Group of Colleges, Near Landran Chowk, 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.

Mrs. R.K. Aulakh, Member.

Present:    Shri Jai Pal Singh, counsel for the complainant.

                None for the Opposite Party.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Anguri Devi wife of Mohan Lal, resident of House No.110, Shastri Colony, Yamuna Nagar, Haryana has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Sections 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

                The complainant, after going through the pamphlets and advertisements booked one residential plot of 200 sq. yard in the project namely Sky Rock City Welfare Society at Sector 111-112 SAS Nagar and paid initial amount of Rs.5,000/- vide receipt dated 12.05.2011 in lieu of registration/membership.  At that time the OP informed that physical possession of the plot shall be handed over to her within two years from the date of membership/registration.  It was also assured that in case the complainant does not want to continue even after paying some installments, the OP would refund the entire amount with interest after one year from the date of registration/membership.  The OP had also assured that the project is approved by the appropriate authorities and all the mandatory approvals, clearances i.e. developer license, promoter license, environment clearance, change of land use, municipal clearance etc. had been issued in the name of OP/society. It was also assured that many nationalized banks are providing financial assistance to the investors who had purchased plots in the project of the OP. However, the OP failed to provide the necessary documents despite issuance of many letters by the complainant for getting loan sanctioned from the bank.  On the demand of the OP, the complainant deposited total sum of Rs.14,30,000/- with the OP from  06.06.2011 to 21.08.2012.  Thus, the complainant had deposited Rs.14,30,000/- with the OP being 75% of the total amount of the plot by 21.08.2012.  The complainant visited the OP to know the status of the project and then the OP informed her that the project is near completion and also demanded from her the pending installments.  The complainant visited the OP many times to enquire about the draw of lots of residential plots but the OP always postponed the matter on one pretext or the other. The complainant visited the site and found that not even a single brick had been laid at the construction site. The possession of the plot was to be given to the complainant within two years and the complainant has booked the plot on 12.05.2011 but till date the OP had not given her the possession. Instead of giving possession of the plot, the OP issued provisional allotment letter dated 18.12.2012 to the complainant whereby the OP changed all the terms and conditions. As per Condition No.13 of the allotment letter dated 18.12.2012 the possession of the plot was to be given within 36 months from the date of allotment. Thereafter, the complainant sent registered notice dated 04.04.2013 to the OP for refund of the entire amount with interest and to withdraw the new terms and conditions contained in provisional allotment letter. The complainant has come to know that the project of the OP is illegal/un-approved.  Thus the complainant vide notice dated  04.04.2013, 03.10.2013 and 29.03.2015 asked the OP to refund the amount deposited by him which was duly received by the OP but till date neither the amount has been refunded nor reply to the notice has been given by the OP.  Hence the complainant has sought direction to the OPs to refund her the amount of Rs.14,30,000/- alongwith interest @ 8% per annum from the dates of deposit till realisation; to pay her Rs.1,00,000/- as compensation for mental agony, harassment and Rs.11,000/- as costs of litigation. 

2.             The OP in the preliminary objections of the written statement has pleaded that the complainant has not come to this Forum with clean hands and has concealed material facts from the Forum.  On merits, it is pleaded that the OP held two draw of lots and had allotted the plots to its eligible members.  The OP had issued public notice about the draw in the newspapers. Denying all the averments of the complaint, the OP has sought dismissal of the complaint.

4.             In order to prove the case, the complainant tendered in evidence her affidavit Ex. CW-1/1; copies of receipts Ex.C-1 to C-8; share certificate Ex.C-9; provisional allotment letter Ex.C-10 and letters for refund Ex.C-11 to C-16. In rebuttal, the OP has tendered in evidence affidavit Navjeet Singh, President of the OP Ex.OP-1/1 and copy of provisional allotment letter Ex.OP-1.

5.             Learned counsel for the complainant has argued that the complainant after becoming member of the society booked one residential plot of 200 sq. yard with the OP @ Rs.8,500/- per sq. yard on 12.05.2011. The complainant had paid Rs.14,30,000/- to the OP towards 75% of the plot.  Learned counsel has further argued that at the time of booking it was assured that the plot shall be handed over physically not later than two years from the date of registration/membership. Learned also argued that the OP had issued provisional allotment letter dated 18.12.2012 whereby it changed all the terms and conditions and as per Clause 13 of the provisional allotment letter the possession of the plot was to be given within 36 months from the date of allotment. The complainant did not agree to this provisional allotment letter and sought refund of the deposited which the OP has not refunded till date, forcing the complainant to file the present complaint.

6.             Shri Ram Yash Verma, Advocate has filed power of attorney on behalf of the OP by superseding earlier counsel and sought time for arguments. On the request of counsel for the OP, the case was adjourned to 02.11.2016 for arguments. On 02.11.2016 the Coram of the Forum was not complete and the case was adjourned to 13.12.2016 for arguments. However, on 13.12.2016 none appeared on behalf of the OP to address arguments.

7.             We have gone through the pleadings, evidence and written as well as oral as well as written submission of counsel for the complainant. The complainant became member of the OP society by paying membership fee vide receipt Ex.C-1 and the membership certificate is Ex.C-9. The complainant booked 200 sq. yard plot with the OP @ Rs.8500/- per sq. yard and  had paid a total amount of Rs.14,30,000/- vide receipts Ex.C-2 to C-8.  However, the OP issued provisional allotment letter to the complainant on 18.12.2010 (Ex.C-10).  As per condition No.13 of letter Ex.C-10 the possession of the plot was to be handed over within 36 months from the date of allotment whereas at the time of booking the complainant was informed that the plot will be handed over physically not later than two years of registration/requisition as is evident from condition No.5 of receipt Ex.C-1. The certificate of registration is dated 23.04.2012 which means that the complainant was to be given possession by 22.04.2014. However, when the complainant on visiting the site and the office of the OP found that there was no development, she requested the OP to refund the deposited amount. This request of the complainant was as per condition No.4 of the receipt Ex.C-1 which says that if the applicant/complainant does not want to continue even after paying some installment, she would be refunded the entire amount with prevailing interest per annum after one year from the date of registration. The OP has not placed any document on record to show that the construction work or any actual progress is going on at the site.

8.             Accordingly, in view of our aforesaid discussion we direct the OP to refund to the complainant the deposited amount of Rs.14,30,000/- (Rs. Fourteen lakhs thirty thousand only) with interest thereon @ 9% per annum from the respective dates of deposit till actual refund.  We also find that the complainant is entitled to a lump sum compensation of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony  and harassment alongwith litigation costs of Rs.10,000/- (Rs. Ten thousand only).  The present complaint is hereby allowed.          

                The OP is 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 13.12.2016 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: 21.12.2016    

                                         (A.P.S.Rajput)           

President

        (Amrinder Singh Sidhu)

Member

(Mrs. R.K. Aulakh)

Member