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

Consumer Complaint No.269 of 2017

                                                   Date of institution:  07.04.2017

                                                   Date of decision   :  06.05.2019

Kulwant Kaur wife of Shri Rajinder Singh, resident of House No.1561, Sector-4, Panchkula.

…….Complainant

Versus

1.     Sky Rock City Welfare Society, SCO 672, First Floor, Sector 70, Mohali Punjab through its CEO & Owner.

Alternate Address:  The Sky Rock City Cooperative House Building Society, SCO 26, First Floor, Phase-2, Mohali. 

2.     Navjit Singh, CEO & Owner, Sky Rock City Welfare Society, SCO 672, First Floor, Sector 70, Mohali Punjab

Alternate Address: The Sky Rock City Cooperative House Building Society, SCO 26, First Floor, Phase-2, Mohali. 

……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member

Present:     Shri Chander Shekhar, counsel for the complainant.

                OPs Ex-parte.

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

Order

               Complainant after becoming member of OP society by way of deposit of Rs.10,000/- as membership fee, got booked 150 sq. yards of plot for total sale consideration of Rs.15,75,000/- which was to be paid in six installments. As per terms and conditions, if due to any reason, project not viable, then 50% of membership fee will be refundable and in case applicant does not want to continue  even after paying some installments, then the paid amount will be refunded to him with prevailing interest per annum after one year from the date of registration. Physical possession of the plot was to be handed over within two years of registration/requisition. Complainant paid first installment of Rs.3,93,750/- vide receipt dated  01.09.2011 and further amount of Rs.3,93,750/- vide receipt dated 13.12.2011. No development at the site carried out and as such OP society not in a position to handover possession of the plot. Complainant approached OP on 09.08.2014 for refund of paid amount alongwith membership fee, but to no avail. By pleading deficiency in service on part of OP, this complaint filed for seeking refund of the deposited amount of Rs.7,97,500/- with interest @ 12% per annum w.e.f. 01.09.2011 till actual payment. Compensation for mental agony and harassment of Rs.3.00 lakhs more claimed.

2.             Presence of Navjit Singh, President of OP society was procured by issue of production warrants and even he appeared through counsel, but thereafter despite grant of sufficient chance, reply not filed and as such right to file reply was struck off.

3.             Complainant to prove her case tendered in evidence her affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-6 and thereafter his counsel closed evidence.

4.             None turned up for OPs thereafter and as such OPs were proceeded against ex-parte.

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

6.             Contents of affidavit of complainant alongwith receipt Ex.C-1 dated 20.06.2011 establishes that complainant deposited Rs.10,000/- on that date. That amount of Rs.10,000/- was deposited as membership fee. Subsequently complainant deposited Rs.3,93,750/- on 01.09.2011 vide receipt Ex.C-2 and after getting demand notice Ex.C-3, complainant deposited further amount of Rs.3,93,750/- with OPs on 31.12.2011 vide receipt Ex.C-4. Share certificate Ex.C-5 was issued in favour of complainant regarding her being holder of share to the extent of 150 sq. yards of area. Despite payment of above referred amount of Rs.7,97,500/- construction on the site has not been carried out and OPs not in a position to handover possession and that is why refund of deposited amount sought.

7.             Perusal of public notice Ex.C-6 issued by Chief Administrator GMADA reveals that license granted to OPs as promoter remained valid upto 05.05.2017, but thereafter OPs failed to get the license renewed and as such promoter license cancelled by competent authority in favour of OPs on 02.05.2018. So it is obvious that as OPs are not holding promoter license at present and as such they cannot deliver possession of the allotted plot to complainant. So virtually, OPs adopted unfair trade practice because part of sale consideration amount accepted without requisite approvals from authorities concerned.  Acceptance of sale consideration of the plot after making false promise of delivery of possession, amounts to unfair trade practice and as such certainly complainant entitled for refund of paid amount with interest @ 12% per annum from the dates of deposits till payment 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.   

8.             As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.7,97,500/- (Rs. Seven Lakhs Ninety Seven Thousand Five Hundred only) with interest @ 12%  (Twelve) 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

May 06, 2019

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member