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

Consumer Complaint No.382 of 2017

                                             Date of institution:  30.05.2017

                                             Date of decision   :  10.05.2018

Bhag Singh, resident of village Mannauli, Tehsil and District SAS Nagar.

…….Complainant

Versus

M/s. The Sky Rock Welfare Society, SCO No.672, First Floor, Sector 70, SAS Nagar through its President.

……..Opposite Party

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:    Shri Mohan Singh Bedi, cl. for the complainant.

                OP Ex-parte.

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

Order

               Complainant after depositing Rs.5,000/- as membership fee,  became member of OP society and thereafter he was issued share certificate  regarding 200 sq. yards of plot area. Complainant deposited the following amounts on the dates mentioned against them with receipt No.:

                In this way total sum of Rs.16,75,000/- including Rs.5,000/- as membership fee has been deposited by complainant. Despite numerous visits by complainant to office of OP with request of handing over of physical possession of the plot, same has not been handed over despite the fact that as per terms of the agreement, possession was to be given not later than two years of agreement. Complainant claims to have deposited amount more than the required money by completing formalities, but despite that physical possession not handed over to him and that is why this complaint filed for seeking physical possession of plot No.734 in Sector 110-111-112 of Mohali of 200 sq. yards of area. In the alternative, refund of paid amount of Rs.16,75,000/- with 24% interest on quarterly rest claimed. Compensation for mental agony and harassment of Rs.1.00 lakh, but compensation for deficiency in service of Rs.1.00 lakh and litigation expenses of Rs.50,000/- more claimed.

2.             OP is ex-parte in this case.

3.             Complainant through counsel tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to C-15 and thereafter closed evidence.

4.             Written arguments submitted by complainant. Oral arguments of counsel for complainant also heard and records gone through.

5.             Complainant after depositing Rs.5,000/- as membership fee through receipt Ex.C-1 became member of OP society and thereafter was issued share certificate Ex.C-2. Thereafter complainant deposited amounts of 1,30,000/-; Rs.1,95,000/-; Rs.3,90,000/-; Rs.50,000/-; Rs.2,10,000/-; Rs.1,50,000/-; Rs.1,95,000/-; Rs.1,50,000/- and Rs.2,00,000/- on different dates through receipts Ex.C-3 to C-11. In all an amount of Rs.16,75,000/- as such has been deposited by complainant with OP society. Now refund of that amount with interest @ 24% with quarterly rest is sought alongwith compensation and litigation expenses amount of Rs.2,50,000/-.
Total of Rs.16,75,000/- and Rs.2,50,000/- comes to Rs.19,25,000/-. If interest @ 24% with quarterly rest computed thereon from the dates of deposit or from the date of protection of interest of complainant sought through letter Ex.C-13 dated 06.03.2017, uptill the filing of this complaint on 31.05.2017, then the interest will not be less than Rs.1.00 lakh in any eventuality. So virtually the amount of relief claimed is more than Rs.20.00 lakhs. As per cases titled as Ambrish Kumar Shukla & 21 Ors versus Ferrous Infrastructure Pvt Ltd bearing consumer case No.97 of 2016 decided on 07.10.2016;  First Appeal No. 1364 of 2017 decided on 21.08.2017 titled as Omaxe Chandigarh Extension Developers Private Limited & 2 Ors versus Lalitha Saini and Ruhi Seth versus IREO Grace Realtech Pvt. Ltd bearing consumer case no. 1464 of 2017  decided on 13.11.2017, all by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi, the value of goods purchased or the services hired or availed has to be taken into consideration alongwith amount of claimed compensation as well as the interest for determining the pecuniary jurisdiction of the Forum. When all these reliefs sought for by complainant through this complaint taken into consideration, then certainly the valuation of the reliefs will go beyond pecuniary jurisdiction limit of Rs.20.00 lakhs of this Forum and as such certainly complaint before this Forum is not maintainable for want of pecuniary jurisdiction. So complaint deserves to be returned to complainant with observation that he will be at liberty to present the same before Hon’ble State Consumer Disputes Redressal Commission Punjab, Chandigarh.

6.             As a sequel of above discussion, complaint returned to complainant for presentation before Hon’ble State Consumer Disputes Redressal Commission Punjab, Chandigarh. Certified copy of the order be supplied to the parties free of costs as per rules.   File be indexed and consigned to record room.

Announced

May 10, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                                (Amrinder Singh Sidhu)                                                                  Member

(Mrs. Natasha Chopra)

Member