DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.359 of 2017
Date of institution: 17.05.2017
Date of decision : 01.03.2018
Gurbax Singh son of Ajit Singh resident of HE-290, Phase-1, Mohali.
…….Complainant
Versus
1. Sky Rock City Welfare Society (Regd.), SCO No.672, Sector 70, First Floor, Mohali, District SAS Nagar, Mohali through its President/Director/Authorised Signatory Navjeet Singh.
2nd Address
Sky Rock City, Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali.
2. Navjeet Singh, President of Sky Rock City Welfare Society, SCO 668, Top Floor, Sector 70, SAS Nagar (Mohali).
2nd Address
Sky Rock City, Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali.
……..Opposite Parties
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 A.K. Handa, counsel for the complainants.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
On allurement of OP No.2, complainant became member of OP No.1 society with hope that 100 sq. yards plot will be allotted to him as member of the society @ Rs.10,500/- per sq. yard. Membership fee of Rs.10,000/- was deposited by complainant through cheque dated 19.09.2011. Membership No.2561 was allotted to the complainant. Complainant agreed to purchase 100 sq. yard size plot from OPs @ Rs.10,500/- per sq. yard and thereafter a sum of Rs.2,62,500/- paid to OPs through cheque No.047248 on 01.09.2011 against which receipt was issued. Thereafter on issue of demand letter dated 04.01.2012 by OPs, complainant paid Rs.2,62,500/- as 25% installment through cheque No.989055 dated 27.01.2012. Further payment of 25% installment of Rs.2,62,500/- through cheque No.989057 dated 14.05.2012 was made by the complainant on receipt of demand notice dated 12.05.2012. Further amount of Rs.2,62,500/- through cheque No.989056 dated 17.05.2012 was paid by the complainant to OP. Thereafter the OPs issued provisional Plot No.G-53 to the complainant in Sector 111-112, SAS Nagar Mohali. Total cost of the plot mentioned as Rs.10,50,000/- in the allotment letter. Again complainant deposited Rs.1,57,500/- through cheque No.989064 dated 14.10.2013 with the OPs. Then on demand of the OPs, the complainant deposited external development charges with the OPs through cheque No.989072 dated 17.04.2015. Again vide letter dated 18.03.2016 wherein mention of Plot No.476 in Sector 110-111-112 SAS Nagar was made, OPs asked the complainant to deposit internal development charges which the complainant deposited through cheque No.372668 dated 11.04.2016 of UCO Bank which was duly credited in the account of the OPs. No receipt of that amount issued by OPs. Thus by April, 2016 the complainant had deposited Rs.12,05,000/- with the OPs which includes EDC and IDC charges. The complainant approached OPs in May, 2016 to have knowledge about status of handing over possession of the plot and the complainant was assured that possession shall be delivered by July, 2016. As per terms and conditions of OP No.1, physical possession of the plot required to be handed over not later than two years of registration. Further as per those terms, if complainant do not want to continue even after paying some installments, then the entire amount will be refunded with interest @ 8% after three years. Complainant visited office of OPs many times, but to no effect. OPs collected installments from complainant in time and even got 50% of the external development charges on false assurance of handing over possession soon, but without fulfilling their promise resulting in huge loss to complainant. Physical possession of the plot not handed over to complainant till date despite repeated requests and that is why this complaint for seeking refund of the paid amount of Rs.12,05,000/- with interest @ 18% per annum alongwith a sum of Rs.2.00 lakhs as damages for using his hard earned money by OPs. Litigation costs of Rs.35,000/- more claimed.
2. OPs are ex-parte in this case, albeit they appeared through counsel initially.
3. Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-14 and thereafter closed evidence.
4. Written arguments not submitted. Oral arguments heard and record gone through.
5. Application form for membership of complainant is Ex.C-1, but receipt regarding deposit of Rs.10,000/- as membership fee is Ex.C-2. It was after becoming of complainant as member of OP society that he deposited Rs.2,62,500/- through receipt Ex.C-3; Rs.2,62,500/- more through receipt Ex.C-5; Rs.75,000/- through receipt Ex.C-7; Rs.2,62,500/- more through receipt Ex.C-8; Rs.1,57,500/- through receipt Ex.C-11 and Rs.75,000/- through receipt Ex.C-12. Some of these amounts deposited after receipt of demand/intimation letters, placed on record as Ex.C-4 and Ex.C-6. It was on complainant becoming member of the society and deposit of amounts that provisional allotment letter Ex.C-10 was issued in his favour and even membership certificate Ex.C-9 was issued to him. As per Para No.10 of the complaint and corresponding para of the affidavit Ex.CW-1/1 an amount of Rs.1.00 lakh more was paid by complainant to OPs through cheque No.372668 dated 11.04.2016 of UCO Bank. Due credit of this amount made through father’s account of complainant namely Shri Ajit Singh as reflected by copy of statement of account Ex.C-14 containing entry of date of 13.04.2016. Reference of cheque No.372668 made for crediting amount of Rs.1.00 lakh to the account of Sky Rock Welfare Society and as such from all this documentary evidence available on record, it is made out that complainant deposited sum of Rs.12,05,000/- with OPs. Despite deposit of this amount, possession not handed over to complainant. Clause-2 in provisional letter Ex.C-10 incorporated for mentioning that in case the project is abandoned or execution of same becomes impossible, then refund of the deposited amount by members without interest alone will be done, but at the same time it is also mentioned in Clause-3 of this letter Ex.C-10 itself that possession will be handed over on payment of entire sale consideration alongwith dues. Further as per Clause-3 in case payment of installments of basic sale price and the additional charges not made within time, then the allottee will have to pay penal interest @ 18%. If such penal interest is chargeable by OPs from complainant, then why on principle of equality, it be not held that complainant entitled for refund of paid amount with interest at the rate of 12% per annum, more so when possession not delivered within 36 months from the date of allotment as per condition No.13 of Ex.C-10. Allotment of plot in this case was made to complainant on issue of provisional letter Ex.C-10 because mention of Plot No.G-53 in Sector 111-112 of SAS Nagar (Mohali) specifically made in Ex.C-10 itself. This Ex.C-10 is of date 15.12.2012, but despite that possession not handed over due to non completion of project or start thereof within period of 3 years which was to expire on 14.12.2015 and as such certainly complainant entitled for refund of received amount with interest @ 12% per annum, particularly when fault exclusively lays with OPs in misrepresenting complainant as if the project will be completed and possession handed over within stipulated period of three years. Those assurances and promises made without fulfilling them. Complainant has sought refund of the amount by filing this complaint on 17.05.2017 and not before that because no legal notice or other notice shown to be sent to OPs at all. Complainant even suffered mental harassment and agony and is dragged to litigation due to fault of OPs and as such he is entitled for compensation for mental harassment and agony and also to litigation expenses.
6. As a sequel of above discussion, complaint allowed with directions to OPs to refund the received amount of Rs.12,05,000/- with interest @ 12% per annum with effect from the date of filing of complaint namely 17.05.2017 till payment. Compensation for mental harassment and agony of Rs.20,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against the OPs, whose liability is held as joint and several. 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 be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
March 01, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
(Mrs. Natasha Chopra)
Member
