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

Consumer Complaint No.483 of 2017

                                                   Date of institution:  12.07.2017

                                                   Date of decision   :  09.08.2018

Jeetender Singh son of Kishan Singh, resident of # 1358, Sector 41-B, Chandigarh.

…….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.

2^nd 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).

2^nd 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

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

                OPs Ex-parte.

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

Order

                Complainant became member of OP society in hope that OPs will provide residential plot measuring 100 sq. yards at rate of Rs.8,500/- per sq. yards in its project situate in Sector 111-112, SAS Nagar Mohali. Membership fee of Rs.5,000/- was deposited and thereafter following payments were made by complainant to OPs:

                It is claimed that complainant has paid an amount of Rs.13,50,000/- including EDC/IDC charges, despite the fact that actual amount payable per sq. yard for 100 sq. yards plot was Rs.8,500/-. However, later on by filing applications, plot of 100 sq. yards was converted to 125 sq. yards and then to 150 sq. yards at the same price of Rs.8,500/- per sq. yard. Complainant was allotted plot No.146 of 150 sq. yards through provisional allotment letter dated 05.08.2015 mentioning membership No.1974. On enquiry and approach to OPs, assurance was given as if possession will be delivered by November, 2015, but despite that possession has not been delivered till date. Rather complainant after repeated visits to office of OPs, was shocked to know that OP No.2 has been arrested by police in February, 2017 on complaint of other members of the society and development work is not completed on the site at all. Complainant has got knowledge that OPs unable to handover possession of the plot to the allottees because GMADA has refused to issue certificate regarding completion of development work and OPs have violated provisions of Punjab Apartment and Property Regulation Act, 1995. If possession of the plot would have been handed over to complainant in time, then he would have raised construction. Amount has been collected from complainant on false assurance of delivery of possession and as such by claiming that OPs adopted unfair trade practice and even provided deficient services, this complaint filed for seeking refund of paid amount of Rs.13,50,000/- with interest @ 9% per annum from the dates of deposits. Compensation for mental agony and harassment of Rs.1.00 lakh and litigation expenses of Rs.20,000/- more claimed.

2.             OPs are ex-parte in this case.

3.             Complainant after tendering in evidence affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-17 closed evidence

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

5.             Complainant by depositing Rs.5,000/- through receipt Ex.C-1 became member of OP society and thereafter deposited amounts of Rs.85,000/-;  Rs.1,27,500/-; Rs.42,500/-, Rs.2,12,500/-; Rs.75,000/- and Rs.1,70,000/- is a fact borne from produced receipts placed on record as Ex.C-2 to Ex.C-5, Ex.C-7 and Ex.C-8. Provisional allotment of Plot No.G-85 in Sector 111-112, SAS Nagar Mohali was made by OPs through letter Ex.C-9.  Thereafter on filing applications Ex.C-10 and Ex.C-11 by complainant, plot of 100 sq. yards was converted to 125 sq. yards and then to 150 sq. yards at the same price of Rs.8,500/- per sq. yard. Further amounts of Rs.3,69,375/-; Rs.1,78,125/- and 85,000/- were deposited by the complainant through receipts Ex.C-12 to C-14. Share certificate in favour of complainant was issued vide Ex.C-6. Complainant was allotted plot No.146 of 150 sq. yards through provisional allotment letter dated 05.08.2015 Ex.C-16 mentioning membership No.1974. The amounts of EDC/IDC charges were deposited in pursuance of received requisition and notice, copies of which are produced as Ex.C-15 and Ex.C-17.  Thus, the complainant has deposited amount of Rs.13,50,000/- towards the  total sale consideration price and EDC/IDC charges, but despite that OPs have not started the project. Rather complainant got knowledge on enquiries and after visiting the site as if requisite sanctions have not been obtained and that is why project work could not be completed for handing over of possession of the allotted plot to complainant. Acceptance of hefty amount after making false promise of delivery of possession, amounts to unfair trade practice and as such certainly complainant entitled for refund of entire paid amount with demanded interest @ 9% per annum from the dates of deposits till payment. As none has come to contest on behalf of OPs and as such allowing of compensation for mental agony and harassment of Rs.20,000/- and litigation expenses of Rs.5,000/- will be appropriate.

6.             Perusal of copy of application Ex.C-10 shows that complainant sought conversion of plot of 100 sq. yards to that of 125 sq. yards by agreeing to pay the excess amount. However, through application Ex.C-11 complainant got converted the plot of 125 sq. yards to 150 sq. yards by agreeing to pay the excess payable amount. Letter Ex.C-16 also shows that OP society informed complainant as if plot No.146 in Sector 110-112, Mohali having area of 150 sq. yards is allotted to him and as such documentary evidence on record establishes that though actually complainant sought to purchase plot of 100 sq. yards area, but later on he by way of conversion purchased plot of 125 sq. yards first and then of 150 sq. yards.

7.             As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.13,50,000/- (Rs. Thirteen Lakhs Fifty Thousand only) with interest @ 9% per annum with effect from the dates of deposits 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. 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

August 09, 2018.

                                                                (G.K. Dhir)

                                                                President

(Amrinder Singh Sidhu)

Member