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

Consumer Complaint No.868 of 2017

                                                   Date of institution:  13.10.2017

                                                   Date of decision   :  02.07.2019

Meena Sharma wife of Bal Kishan Sharma, resident of # 418, Sector 43-A, Chandigarh.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.), Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali through its General Secretary Parminder Kaur.

2.     Navjeet Singh, President of Sky Rock City Welfare Society, SCO 668, Top Floor, Sector 70, SAS Nagar (Mohali).

……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member

Present:     Shri A.K. Handa, counsel for the complainant.

                OPs Ex-parte.

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

Order

               Complainant, after becoming member of OP No.1 society, booked residential plot measuring 200 sq. yards in project situate in Sectors 111-112, SAS Nagar (Mohali). Membership fee of Rs.5000/- was deposited by complainant on 31.03.2011 and thereafter amount of Rs.1,20,000/- paid vide cheque dated 03.05,2011 regarding which receipt dated 04.05.2011 even was issued by OPs. Thereafter an amount of Rs.1,80,000/- more deposited by complainant with OPs through cheque dated 25.07.2011 regarding which receipt dated 21.07.2011 was issued. Change of Land Use charges were demanded by OPs from complainant, on which an amount of Rs.60,000/- more deposited through cheque dated 06.10.2011 regarding which receipt dated 27.09.2011 was issued by OPs. Further amount of Rs.3.00 lakhs was deposited vide cheque dated 06.12.2011 regarding which receipt dated 25.11.2011 was issued by OPs. Share certificate was issued in favour of complainant for showing that she is share holder with respect to 200 sq. yards of area. Another amount of Rs.2,40,000/- was deposited by complainant with OPs vide cheque dated 12.03.2012 regarding which receipt dated 25.02.2012 was issued by OPs. Complainant further deposited amount of Rs.1.00 lakh vide cheque dated 12.03.2012 regarding which receipt dated 12.03.2012 was issued in favour of complainant. EDC charges of Rs.50,000/- more deposited by complainant with OPs vide cheque dated 16.08.2012. Thereafter, provisional allotment letter was issued in favour of complainant by OPs on 09.01.2013 showing as if Plot No.F-70 in Sector 111-112, SAS Nagar Mohali having area of 150 sq. yards in Sky Rock City Welfare Society, Mohali @ Rs.6,000/- per sq. yard i.e. for total sale consideration of Rs.9.00 lakhs has been allotted to complainant. It is claimed that area 150 sq. yards of plot wrongly mentioned because complainant booked 200 sq. yards of area. Complainant approached OPs for getting possession, but OPs kept on procrastinating the matter. Amount of Rs.1,80,000/- more deposited by complainant vide cheque dated 18.03.2015 regarding which receipt dated 01.06.2015 was issued. Complainant in view of making all payments referred above, became eligible for second draw of allotment of plots held on 25.07.2015 at Hotel JW Marriot. Thereafter provisional allotment of Plot No.223-M having area of 200 sq. yards in Sector 111-112, SAS Nagar was issued in favour of complainant. On calling complainant by OPs to deposit EDC and IDC charges, amount of Rs.1,50,000/- more deposited through cheque dated 20.08.2015, but Rs.2,00,000/- more through another cheque of same date of 20.08.2015. Complainant has deposited Rs.15,85,000/- in all upto August, 2015 including EDC and IDC charges. Though OPs informed complainant as if development work is near completion and possession will be delivered by January, 2016, but complainant after visiting site in January 2016 and subsequently came to know as if development work on the site is not complete and OPs unable to handover possession of plot to the allottees, more so when GMADA has refused to issue certificate regarding completion of development works on the site. Complainant claims to have suffered huge loss and as such by pleading deficiency in service on part of OPs, payer made for directing OPs to refund deposited amount with interest @ 9% per annum from the dates of deposits. Compensation for mental agony and harassment of Rs.2.00 lakhs and litigation expenses of Rs.25,000/- more claimed. Besides this, it is claimed that OPs violated provisions of Sections 3, 5, 9, 12 and 17 of PAPRA Act. Through print media, complainant got knowledge as if fraud of Rs.1500.00 crores has been committed by OPs with general public, due to which Navjeet Singh, President of OP society is confined in Central Jail, Patiala. FIR in that respect has been registered. Complainant sent letter dated 03.03.2017 to Chief Administrator GMADA for requesting to allot the plot or refund money, but no action has been taken.

2.             Earlier OP No.2 appeared through counsel and even his presence secured through issue of production warrants, but thereafter on account of non filing of reply, despite grant of last and final chance, right of OPs to file written statement was struck off on 01.04.2019 and case posted for evidence of complainant.

3.             Complainant to prove her case tendered in evidence her affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-16 and thereafter her counsel closed evidence.  None appeared for OPs subsequently and as such OPs were proceeded against ex-parte.

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

5.             Contents of affidavit Ex.CW-1/1 of complainant alongwith copies of receipts Ex.C-1 to Ex.C-3, C-5, C-6 and Ex.C-8 to Ex.C-10 as well as Ex.C-12 and Ex.C-15 establishes that an amount of Rs.15,85,000/- in all has been deposited by complainant with OPs on different dates referred above. Details of these deposits have been mentioned in application Ex.C-16 submitted by complainant with Chief Administrator, GMADA, Mohali. Because complainant became member of OP society and that is why share certificate Ex.C-7 was issued in her favour by OPs. Demand of CLU charges or of IDC and EDC charges was put forth by OPs from complainant through letters Ex.C-4 and Ex.C-14 and that is why complainant deposited amounts of EDC and IDC charges referred above. Provisional allotment letter Ex.C-11 regarding 150 sq. yards of area of Plot No.F-70 was issued in favour of complainant by OPs, but subsequently on asking of complainant as to why less area shown. Provisional allotment letter Ex.C-13 was issued for informing complainant that plot No.223-M in Sectors 110 to 112 of Mohali having area of 200 sq. yards has been allotted to complainant. So case put forth by complainant in affidavit and the complaint proved by contents of above referred documents.

6.             OPs failed to deliver possession of the plot because of alleged act of bungling committed by Navjeet Singh, due to which he is confined in jail and as such certainly submission advanced by counsel for OPs has force that OPs not in a position to handover possession, more so when construction work at the site even has not been started and development works even not carried on the spot.

7.             Acceptance of hefty amount of Rs.15,85,000/- by making false promise of delivery of possession amounts to unfair trade practice on the part of OPs and as such certainly complainant entitled to demanded interest @ 9% per annum from the dates of deposit till payment, because that rate of interest claimed by complainant  is quite reasonable and is not exorbitant at all. Complainant also entitled to compensation for mental agony and harassment.

8.             As a sequel of above discussion, complaint allowed with direction to OPs to refund claimed amount of Rs.15,85,000/- (Rs.Fifteen Lakhs Eighty Five Thousand only) with demanded interest @ 9% 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

July 02, 2019

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member