BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 45 of 2016
Date of institution: 20.01.2016
Date of Decision: 13.06.2016
Manish Kumar son of Surinder Kumar resident of House No.115, First Floor, Baba Apartments, Inside Shivjot Enclave, Kharar, SAS Nagar, Punjab.
……..Complainant
Versus
1. The Sky Rock City Welfare Society, Site Office, Sector 111-112, Near CGC College, Landran, SAS Nagar, Mohali, Punjab through its President Navjeet Singh.
2. Navjeet Singh, President, The Sky Rock City Welfare Society, Site Office, Sector 111-112, Near CGC College, Landran, SAS Nagar, Mohali, Punjab.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Shri Amrinder Singh Sidhu, Presiding Member
Mrs. R.K. Aulakh, Member.
Present: Shri Vishal Ahuja, counsel for the complainant.
OPs ex-parte.
(AMRINDER SINGH SIDHU, PRESIDING MEMBER)
ORDER
The complainant filed the present complaint pleading that Opposite Parties (for short ‘the OPs’) invited applications for applying for Membership of the above titled Society for booking of plots in Mullanpur, New Chandigarh, Punjab. Complainant allured by tall promises of the O.Ps became member and booked a plot vide paying Rs.10,000/- (Rs. Ten thousand only) as membership fee and Rs.80,000/- (Rs. Eighty thousand only) as 1st installment towards the cost of plot of 100 sq. yards vide receipt No.444 dated 20.07.2011 and receipt No.1175 dated 24.11.2011 respectively. He was allotted Registration No.R-431. He was assured that the O.Ps have all the approvals and clearances required for starting the project. As per terms and conditions, the possession of the plot was to be handed over in 3 years from the date of registration. On the failure of the O.Ps to handover the possession of the above said plot even after the lapse of stipulated time of 3 years, the complainant called upon the O.Ps many times but in vain. As there was no progress of the project, so complainant finally asked for refund of his money. The O.Ps failed to show any approvals in respect of this project till the date of filing of this complaint. The O.Ps allured the complainant to book a plot for which the O.Ps were not having necessary clearances/approvals/ sanctions/licenses and also not refund the hard earned money of the complainant amounts to deficiency in service and unfair trade practice on the part of the O.Ps.
Lastly the complainant prayed for refund of the amount of Rs.90,000/- (Rs. Ninety thousand only) with interest @ 12% from the date of payment till the date of refund of payment alongwith compensation of Rs.50,000/- for harassment, mental agony and Rs.20,000/- for cost of litigation besides any other relief which this Forum may deem fit and proper.
2. After admission of the complaint, notice was sent to the O.Ps through registered post which was returned by postal authorities with remarks ‘refused to accept’ and since there was refusal to take delivery of postal articles containing notice by the O.Ps, therefore, they were declared duly served as per Section 28-A (3) of the Consumer Protection Act, 1986 (as amended upto date). None appeared for the O.Ps despite repeated calls till 4.00 P.M. and thereafter they were proceeded against ex-parte.
3. Evidence of the complainants consists of his affidavit Ex.CW-1/1 and copies of documents Ex.C-1 to C-4.
4. We have heard learned counsel for the complainant and we have gone through the file.
5. The complainant has proved payment of Rs.10,000/- (Rs. Ten thousand only) as membership fee vide receipt No.444 dated 20.07.2011 which is Ex.C-2 and payment of Rs.80,000/- (Rs. Eighty thousand only) vide receipt No.1175 dated 24.11.2011 which is Ex.C-3. Ex.C-3 also reveals that the complainant was allotted Registration No.R-444 and not R-431 as pleaded in the complaint. Thus complainant is consumer of O.P. No.1 as he availed services of O.P. No.1 for consideration. Further complainant has filed his affidavit which is Ex.CW-1/1 in which he stated that the O.Ps failed to show any approvals in respect of New Chandigarh (Mullanpur) project till today. He further stated that the O.Ps were not having necessary clearances/approvals/ sanctions/licenses which amounts to deficiency in service and unfair trade practice on the part of the O.Ps. The O.Ps preferred to remain absent and abstain from participating in this complaint which clearly states that the O.Ps have nothing to say in their defence. The O.Ps refused to accept registered notice from the postal authorities and they did not appear before this Forum and ultimately were proceeded against ex-parte. Thus, they failed to give the version to rebut the allegations of the complainant. The complaint of the complainant stand proved against O.P.No.1 i.e. The Sky Rock City Welfare Society, Site Office, Sector 111-112, Near CGC College, Landran, SAS Nagar, Mohali, Punjab through its President Navjeet Singh. Thus, O.P. No.1 received an amount from the consumer without possessing necessary approvals and sanctions from the competent authorities which amounts to unfair trade practice on the part of O.P. No.1 and further non refund of amount to the consumer amounts to negligence on the part of O.P.No.1 for which consumer deserves to be compensated by O.P. No.1. Therefore, O.P. No.1 is directed to refund the amount of Rs.90,000/- (Rs. Ninety thousands only) alongwith interest @ 12% per annum from the dates of payment i.e. on Rs.10,000/- w.e.f. 20.07.2011 and on Rs.80,000/- w.e.f. 24.11.2011 till the date of actual refund of payment to the consumer. The O.P. No.1 is also directed to pay to the consumer a lump sum compensation of Rs.20,000/- (Rs. Twenty thousand only) for mental agony, harassment and costs of litigation.
7. Compliance of the above order be made within a period of forty five days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
June 13, 2016.
(Amrinder Singh Sidhu)
Presiding Member
(Mrs. R.K. Aulakh)
Member
