DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.433 of 2017
Date of institution: 22.06.2017
Date of decision : 10.05.2018
Manjit Singh son of Niranjan Singh, resident of H.No.1149, Phase-1, Mohali.
…….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.
2nd 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).
2nd 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
Mrs. Natasha Chopra, Member.
Present: Shri A.K. Handa, counsel for the complainants.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant after becoming member of OP No.1 society, on payment of initial amount of Rs.10,000/-, got booked one residential plot measuring 150 sq. yards @ Rs.10,500/- per sq. yard in its project situate in Sector 111-112 of SAS Nagar, Mohali on 20.06.2011. Rs.3,93,750/-, being 25% of the allotment price of the plot was paid by complainant to OPs vide cheque dated 13.09.2011. Complainant further deposited a sum of Rs.4,72,500/- with the OPs vide cheque on 10.02.2012. Share certificate mentioning membership No.2547 was also issued in favour of complainant. Complainant further deposited sums of Rs.15,000/- and Rs.4,12,500/- with the OPs on 10.05.2012. Thereafter provisional allotment letter was issued by the OPs on 02.01.2013 mentioning provisional allotment of Plot No.F-74 in Sector 111-112, SAS Nagar (Mohali) measuring 150 sq. yards. Complainant then deposited a sum of Rs.2,36,250/- with the OPs on 10.07.2013. As the complainant deposited 90% payment of the plot, he became eligible for first draw of allotment of plots held on 01.04.2015 and was accordingly allotted plot No.166 measuring 150 sq. yards in Sector 111-112, SAS Nagar. Amount of Rs.1,12,500/- was deposited by the complainant with the OPs as EDC charges vide cheque dated 04.05.2015. In all, complainant claims to have deposited Rs.16,52,000/- upto May 2015 with the OPs including membership fee. In July, 2015, complainant approached OPs for enquiring about the status of handing over of possession of plot to the allottees and was informed by OPs as if the development work is complete. Possession was earlier promised to be delivered by June, 2013. Thereafter again when complainant contacted OPs in November, 2015, they put off the matter of delivery of possession on one pretext or the other. OPs refused to give anything in writing as to the date of delivery of actual possession. OP No.2 was arrested by police in February, 2017 on complaints of members of the society, who applied for purchase of plots. Complainant came to know as if development work has not been completed on the site and PUDA has refused to issue certificate regarding completion of development works due to violation of provisions of PAPRA Act, 1995. By pleading deficiency in service on part of OPs, prayer made for directing OPs to refund the received amount of Rs.16,52,500/- with interest @ 9% per annum. Compensation for mental harassment and agony of Rs.1.00 lakh and litigation expenses of Rs.20,000/- more claimed.
2. OPs are ex-parte in this case.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-11 and thereafter closed evidence through counsel.
4. Written arguments not submitted. Oral arguments heard and record gone through.
5. Complainant became member of OP society on depositing Rs.10,000/- as membership fee vide receipt Ex.C-2 dated 20.06.2011, but after submission of application form for membership Ex.C-1. Thereafter complainant paid amount of Rs.3,93,750/- vide receipt Ex.C-3 dated 01.09.2011, but Rs.4,72,500/- vide receipt Ex.C-4 dated 10.02.2012 and Rs.15,000/- (as land cost vide) vide receipt Ex.C-6 dated 10.05.2012; Rs.4,12,500/- vide receipt Ex.C-7 dated 10.05.2012. So complainant able to establish about payment of Rs.16,52,500/- in all by him to OPs including membership fee.
6. Provisional allotment letter Ex.C-8 in this case was issued in favour of complainant for allotment of 150 sq. yards of plot @ Rs.10,500/- per sq. of super area. So total chargeable amount was Rs.10,50,000/- for 100 sq. super area. After issue of this provisional allotment letter Ex.C-8 dated 13.12.2012, complainant deposited Rs.2,36,250/- more through receipt Ex.C-9 dated 10.07.2013; Rs.1,12,500/- through receipt Ex.C-10 dated 26.05.2015 and these payments even reflected in copy of statement of accounts of complainant produced on record as Ex.C-11. So from all this, it is made out that payments have been made intermittently during period ranging from 20.06.2011 to 26.05.2015.
7. Complainant has suppressed the facts regarding terms and conditions on which payments accepted from him in the first instance through receipts Ex.C-2 to C-4. In all other cases against OPs filed in this Forum, terms and conditions are found printed on such like receipts, but those terms and conditions deliberately not produced by complainant and as such he has suppressed the material facts regarding schedule of payment.
8. After going through Clause-3 of provisional allotment letter Ex.C-8, it is made out that admittedly payment of installments of basic sale price, EDC and additional charges, if any, pertaining to the apartment/plot is the essence of terms of booking/allotment. Further as per this clause, penal interest @ 18% will be payable by members in case of failure to pay installments and other dues at due dates. However, if payment not received within 30 days from due date or in the event of breach of any of terms and conditions of this allotment, then allotment will be cancelled at the discretion of the welfare society. Schedule of payment of installments deliberately not produced by complainant and even complainant committed default in payment of full amount during period from 10.07.2013 to 26.05.2015, the gap between issue of Ex.C-9 and Ex.C-10 and as such certainly fault lies with complainant in not sticking to payment schedule of installments. Owing to this fault, complainant is not entitled for interest.
9. As per law laid down in Randhir Singh and Anr. Vs. Omaxe Chandigarh Extension Developers Pvt. Ltd. 2015(1) CPJ 514 (NC), if the purchaser remained defaulter in not adhering to the installment payment plan, then he is not entitled for any interest, even though the builder had not developed the site, due to which he is not in a position to deliver possession. It is so because he who seeks equity must do equity. In case the equity seeker himself is deficient, then he is not entitled for any interest, is the crux of ratio of above said case. Ratio of this case is fully applicable to the facts of the present case, in view of above discussion.
10. If as per Clause-3 of Ex.C-8, OPs can charge penal interest @ 18% from the members in the event of default of payment of installments or other dues, then equitable considerations demand that interest @ 12% per annum atleast should be allowed in favour of complainant and against OPs from the date of first ever requisition of refund. That requisition of refund submitted for the first time by complainant by filing this complaint on 22.06.2017 and not before that. So complainant entitled to interest @ 12% per annum on the paid amount with effect from 22.06.2017 till payment. As development on the spot not carried out and complainant genuinely apprehends as if he will be unable to get physical possession of the plot and as such, in view of mental harassment and agony of complainant, he is entitled for compensation alongwith litigation expenses.
11. As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.16,52,500/- with interest @ 12% per annum with effect from the date of filing of complaint namely 22.06.2017 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, whose liability is held as joint and several. 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 be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
May 10, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
