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

Consumer Complaint No.441 of 2017

                                                Date of institution:  28.06.2017

                                                Date of decision   :  26.09.2018

Manreet Kaur daughter of Mrs. Paramjeet Kaur aged about 30 years, through her attorney Mrs. Paramjeet Kaur resident of House No.364, Gali No.4, Lachhman Colony, Gidarwaha, District Shri Mukatsar Sahib.

…….Complainant

Versus

1.     M/s. The Sky Rock Welfare Society, SCO No.672, First Floor, Sector 70, SAS Nagar through its President.

……..Opposite Party No.1

2.     Navjeet Singh, President M/s. Sky Rock Welfare Society, SCO No.672, First Floor, Sector 70, SAS Nagar.

……..Opposite Party No.2

3.     Shri Sohan Singh, GMT of M/s. Sky Rock Welfare Society, Kings Property Dealer, Chamber No.6, Sector 41-D, Chandigarh.                  

……..Opposite Party No.3

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 Mohan Singh Bedi, cl. for the complainant.

                OP No.1 and 2 Ex-parte.

                OP No.3 already given up.

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

Order

               Complainant, after going through advertisements in different newspapers got published by OPs, approached OP No.1 society for having plot measuring 150 sq. yards in its project situate in Sectors 110-111-112, Mohali. Membership fee of Rs.10,000/- was deposited alongwith Rs.25,000/- as transfer fee vide receipt dated 21.07.2011. In all total amount of Rs.12,95,000/- was deposited by complainant on different dates. Plot No.101 in Sector 110-111-112, Mohali was allotted to the complainant.  Physical possession of the plot was to be handed over within two years. Despite receipt of amount of Rs.12,95,000/-, possession of the plot has not been handed over despite issue of letters and legal notice. Rather it is claimed that the construction of the project is not carried out by OPs and as such by pleading deficiency in service on part of OPs, prayer made for directing OP to handover physical possession of Plot No.101 referred above or in the alternative to refund the received amount of Rs.12,95,000/- with interest @ 24% with quarterly rest. Compensation for mental harassment and agony of Rs.2.00 lakhs and litigation expenses of Rs.50,000/- as well as compensation for deficiency in service of Rs.2.00 lakhs more claimed.

2.             OP 1 and 2 are ex-parte in this case.

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

4.             Written arguments not submitted by complainant, but oral arguments heard and records gone through.

5.             Counsel for complainant suffered statement on 26.09.2018 itself that complainant presses for claim for alternative relief for refund, but not of possession. So now relief claimed remains with regard to refund of the deposited amount.

6.             Receipts Ex.C-1, C-2, Ex.C-4 to C-7 establishes that actually complainant has deposited Rs.12,95,000/- with OPs including membership fee of Rs.10,000/-. Share certificate Ex.C-3 was issued in favour of the complainant. Cost price of the plot to be got by complainant was Rs.12,75,000/-, but complainant has deposited amount in excess. In view of 100% deposit of price amount by complainant, it was duty of OPs to hand over the possession by reasonable time. Last of the deposit was made on 21.07.2014, but despite that project work has not been started by OP and as such non delivery of possession of plot to complainant was due to fault exclusively attributable to OP. Being so, entitlement of complainant for refund of the paid amount with interest @ 12% per annum from the dates of deposits is there, particularly when complainant adhered to payment schedule plan and deposited the entire cost price of the plot. Refund of the amount in such circumstances with interest @ 12% per annum should be from the dates of deposits. As none has come to contest the proceedings, so reasonable amount of compensation for mental harassment and agony and litigation expenses should be allowed.

7.             As a sequel of above discussion, complaint allowed ex-parte with direction to OP No.1 and 2 to refund the received amount of Rs.12,95,000/- (Rs. Twelve Lakhs Ninety Five Thousand only) with interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.20,000/- and litigation expenses of Rs.5,000/- 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 order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

September 26, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                                   (Amrinder Singh Sidhu)                                                                 Member

(Mrs. Natasha Chopra)

Member