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

Consumer Complaint No.613 of 2017

                                                Date of institution:  16.08.2017                                             Date of decision   :  05.03.2019

Kanchan wife of Sushil Kumar, resident of House No.1505, Sector 51-B, Chandigarh

…….Complainant

Versus

1.     The Sky Rock City Welfare Society, Site Office, 111-112, Near CGC College, Landran, SAS Nagar, Mohali through its President.

2.     The President, Sky Rock City Welfare Society, SCO 672, First Floor, Sector 70, Mohali, Punjab.

                                                            ……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Complainant in person.

                OPs ex-parte.

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

Order

               Complainant deposited membership fee of Rs.10,000/- on 01.10.2011 and thereafter was to be allotted residential plot measuring 100 sq. yards @ Rs.12,800/- per sq. yard. On demand of balance payment put forth by OPs, total amount of Rs.7,25,000/- was deposited by complainant with OPs, as detailed below:

                Despite numerous requests, possession has not been delivered, albeit earlier it was promised to be delivered uptill 01.10.2014. Promoters license of OPs has been cancelled by GMADA. FIR No.86 dated 06.07.2011 has been registered against OPs at Police Station, Phase-1, SAS Nagar, Mohali for offences punishable under section 36 and other provisions of PAPRA Act. No development work started on the site and as such OP not in a position to handover possession. By claiming that OPs adopted unfair trade practice, this complaint filed for seeking refund of deposited amount of Rs.7,25,000/- with interest @ 15% per annum from the dates of actual payment till realisation. Compensation for mental harassment and agony of Rs.1.00 lakh and litigation expenses of Rs.25,000/- more claimed.

2.             OPs are ex-parte in this case.

3.             Complainant to prove her case tendered in evidence her affidavit Ex.CW-1/1 alongwith document Ex.C-1 to Ex.C-9 and then closed evidence.  

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

5.             Perusal of receipts Ex.C-1 to C-4 establishes deposit of Rs.7,25,000/- in all by complainant with OPs on the above referred dates. Share certificate regarding 100 sq. yards of plot in Sky Rock City Welfare Society Ex.C-5 has been issued by OPs in favour of complainant. However, no development activity carried on the spot and complainant got knowledge as if GMADA has cancelled promoters license of OPs and that is why complainant issued notice Ex.C-6 to OP No.2 for making enquiries in that respect. In view of non receipt of any response, refund of deposited amount sought through registered notice Ex.C-7 by praying for cancellation of membership through separate notices Ex.C-8 and Ex.C-9. Non carrying of development activity on the spot after acceptance of hefty  amount of Rs.7,25,000/- is an act of unfair trade practice due to which complainant entitled to refund of deposited amount with interest @ 12% per annum from the dates of deposits till realisation in view of law laid down by Hon’ble State Consumer Disputes Redressal Commission Punjab in CC No.716, 789, 835 etc. of 2017 titled as Mangal Singh Kondal & others Vs. Bajwa Developer & Another and First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another,  decided on 30.07.2018. 

6.             As a sequel of above discussion, complaint allowed by directing OPs to refund the received amount of Rs.7,25,000/- (Rs. Seven Lakhs Twenty Five Thousand only) with interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.25,000/-  (Rs. Twenty Five thousand only) and litigation expenses of Rs.5,000/- (Rs. Five thousand only) more allowed in favour of complainant and against  OPs. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

March 05, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member