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

Consumer Complaint No.772 of 2017

                                                   Date of institution:  18.09.2017

                                                   Date of decision   :  02.07.2019

Charanpreet Singh son of Devinder Singh, resident of Gurudwara Akal Ashram, Opposite Eye Hospital, Sohana, Mohali.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.), Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali through its General Secretary Parminder Kaur.

2.     Navjeet Singh, President of Sky Rock City Welfare Society, SCO 668, Top Floor, Sector 70, SAS Nagar (Mohali).

……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member

Present:     Shri A.K. Handa, counsel for the complainant.

                OPs Ex-parte.

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

Order

               Complainant, after becoming member of OP No.1 society, booked residential plot measuring 150 sq. yards in project situate in Sectors 111-112, SAS Nagar (Mohali). Membership fee of Rs.5000/- was deposited by complainant on 22.05.2011 and thereafter amount of Rs.1,27,500/- paid in cash on 22.05,2011 regarding which receipt was issued by OPs. Thereafter an amount of Rs.1,91,250/- more deposited by complainant with OPs through cheque dated 9.08.2011 regarding which receipt dated 01.09.2011 was issued. An amount of Rs.63,750/- more deposited through cheque dated 28.10.2011 regarding which receipt was issued by OPs. Further amount of Rs.2,55,000/- was deposited vide cheque dated 10.02.2012 regarding which receipt was issued by OPs. Share certificate was issued in favour of complainant for showing that he is share holder with respect to 150 sq. yards of area. Another amount of Rs.2,55,000/- was deposited by complainant with OPs vide cheque dated 05.05.2012 regarding which receipt dated 02.05.2012 was issued by OPs. Complainant further deposited amount of Rs.1,76,250/- vide cheque dated 06.09.2012 regarding which receipt dated 13.09.2012 was issued in favour of complainant. Complainant has deposited Rs.10,73,750/- in all upto September, 2012.  Complainant in view of making all payments referred above, became eligible for second draw of allotment of plots held on 25.07.2015 at Hotel JW Marriot. Thereafter provisional allotment of Plot No.26-M having area of 150 sq. yards in Sector 111-112, SAS Nagar was issued in favour of complainant. EDC and IDC charges for Plot No.26-M in Sector 111-112 of plot 150 sq. yards were demanded by OPs from complainant.  Complainant after visiting site in September 2016 and subsequently came to know as if development work on the site is not complete and OPs unable to handover possession of plot to the allottees, more so when GMADA has refused to issue certificate regarding completion of development works on the site. Complainant claims to have suffered huge loss and as such by pleading deficiency in service on part of OPs, payer made for directing OPs to refund deposited amount of Rs.10,73,750/- with interest @ 9% per annum from the dates of deposits. Compensation for mental agony and harassment of Rs.2.00 lakhs and litigation expenses of Rs.25,000/- more claimed. Besides this, it is claimed that OPs violated provisions of Sections of PAPRA Act.

2.             Earlier OP No.2 appeared through counsel and even his presence secured through issue of production warrants, but thereafter on account of non filing of reply, despite grant of last and final chance, right of OPs to file written statement was struck off on 01.04.2009 and case posted for evidence of complainant.

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-10 and thereafter his counsel closed evidence.  None appeared for OPs subsequently and as such OPs were proceeded against ex-parte.

4.             Written arguments not submitted. Oral arguments heard and record gone through.

5.             Contents of affidavit Ex.CW-1/1 of complainant alongwith copies of receipts Ex.C-1 to Ex.C-5, C-7 and C-8 establishes that an amount of Rs.10,73,750/- in all has been deposited by complainant with OPs on different dates referred above.. Because complainant became member of OP society and that is why share certificate Ex.C-6 was issued in his favour by OPs. Demand of CLU charges or of IDC and EDC charges was put forth by OPs from complainant through letter Ex.C-10. Provisional allotment letter Ex.C-9 regarding 150 sq. yards of area of Plot No.26-M was issued in favour of complainant by OPs. So case put forth by complainant in affidavit and the complaint proved by contents of above referred documents.

6.             OPs failed to deliver possession of the plot because of alleged act of bungling committed by Navjeet Singh, due to which he is confined in jail and as such certainly submission advanced by counsel for OPs has force that OPs not in a position to handover possession, more so when construction work at the site even has not been started and development works even not carried on the spot.

7.             Acceptance of hefty amount of Rs.10,73,750/- by making false promise of delivery of possession amounts to unfair trade practice on the part of OPs and as such certainly complainant entitled to demanded interest @ 9% per annum from the dates of deposit till payment, because that rate of interest claimed by complainant  is quite reasonable and is not exorbitant at all. Complainant also entitled to compensation for mental agony and harassment.

8.             As a sequel of above discussion, complaint allowed with direction to OPs to refund claimed amount of Rs.10,73,750/- (Rs.Ten Lakhs Seventy Three Thousand Seven Hundred Fifty only) with demanded interest @ 9% per annum with effect from the dates of deposits till payment. Compensation for mental harassment and agony of Rs.25,000/- and litigation expenses of Rs.5,000/-  more allowed in favour of complainant and against the OPs. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of order.  Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

July 02, 2019

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member