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

Consumer Complaint No.572 of 2016

                                                 Date of institution:  09.09.2016                                                         Date of decision   :  01.03.2018

M.R. Bhatia son of Shri Bardu Ram, resident of 2869, Sector 40-C, Chandigarh.

…….Complainant

Vs

Sky Rock City Welfare Society, Mohali through its Director, Banur Road, Back Side C.G.C.  College, Landra, Sector 111-112, Mohali.

……..Opposite Party

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 S.K. Khurcha, counsel for complainant.

                OP ex-parte.

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

Order

               OP allotted plot No.209 A in Sector 111-112 of SAS Nagar, Mohali to complainant at rate of Rs.12,000/- per sq. yard. Area of the plot allotted is 150 sq. yards. Complainant claims to have paid Rs.17,42,500/- including 50% EDC amount and Rs.10,000/- as registration fee upto 24.11.2013. Though promise for handing over physical possession was made, but OP failed to handover physical possession as per terms and conditions. On issue of demand letter dated 06.04.2012 for claiming Rs.4,50,000/- and further through same letter for claiming EDC charges of amount of Rs.3,82,500/-, the amounts were deposited.  By pleading deficiency in service and adoption of unfair trade practice on part of OP, prayer made for direction to OP to refund the received amount of Rs.17,42,500/- with interest of 24% per annum. Legal expenses of Rs.50,000/- and compensation for mental agony and harassment of Rs.2.00 lakhs more claimed.

2.             OP failed to file reply within stipulated period of 45 days and as such its defence was struck off vide order dated 02.03.2017. 

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to C-10 and thereafter closed evidence.

4.             However, evidence of OP was closed vide order dated 04.09.2017 because no evidence produced despite availing opportunities. None appeared for OP since 11.07.2017 continuously and that is why OP was proceeded against ex-parte vide order of 23.02.2018.

5.             Written arguments on behalf of complainant submitted. Oral arguments heard and records gone through.

6.             Even though documentary evidence may be showing an amount of Rs.17,42,500/- deposited by complainant with OP, despite that this Forum has no pecuniary jurisdiction because relief claimed is for refund of Rs.17,42,500/- with interest @ 24% per annum alongwith legal expenses of Rs.50,000/- and compensation for mental agony and harassment of Rs.2.00 lakhs through complaint.  However, in Para No.5 of complaint and also in corresponding Para No.5 of affidavit Ex.CW-1/1 of complainant, it is claimed that complainant suffered loss of more than Rs.30.00 lakhs due to deficient services provided by OP on account of non delivery of possession. In the written arguments submitted by complainant, it is mentioned in Para No.5 as if complainant suffered loss of more than Rs.30.00 lakhs due to deficient services. Through written arguments, relief claimed is of refund of Rs.17,42,500/- with interest @ 24% per annum alongwith litigation expenses of Rs.55,000/- and compensation for mental harassment and agony to the tune of Rs.5.00 lakhs. When all these pleas taken in the complaint or in affidavit or in written arguments taken into consideration, then this means that relief claimed is more than Rs.20.00 lakhs. As per case of Ambrish Kumar Shukla & 21 Ors Vs. Ferrous Infrastructure Pvt. Ltd. bearing Consumer Case No.97 of 2016 decided on 07.10.2016 by Hon’ble National Consumer Disputes Redressal Commission, New Delhi, for ascertaining pecuniary jurisdiction of the Forum, aggregate of value of goods purchased or the services availed alongwith the claimed interest amount and compensation amount is to be taken into consideration. If the aggregate of relief claimed alongwith interest amount claimed as well as of claimed compensation amount and litigation expenses together taken into consideration, then it is made out that virtually claim staked for more than amount of Rs.20.00 lakhs. This Forum has jurisdiction to entertain complaints, where value of goods or services or the relief claimed is upto limit of Rs.20.00 lakhs. However, in the case before us the relief claimed is more than Rs.20.00 lakhs and as such this Forum has no pecuniary jurisdiction.

7.             As a sequel of above discussion, the complaint deserves to be returned to the complainant for presentation before appropriate Forum/Commission and order passed accordingly.  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