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

Consumer Complaint No.1047 of 2017

       Date of institution:  11.12.2017                Date of decision   :  02.11.2018

 

Mrs. Rajesh Sharma wife of Shri N.D. Sharma, resident of House No.1719/1, Sector 39-B, Chandigarh

(presently at 1604, Progressive Society, Sector 50-B, Chandigarh).

 

…….Complainant

Versus

 

1. Sky Rock City Welfare Society (Registered), SCO No.672, Sector 70, SAS Nagar, Mohali through its Executive Director/authorised representative.

 

2. Navjeet Singh, President, Sky Rock City Welfare Society (Registered), SCO No.672, Sector 70, 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

 

Present: Shri Tarun Sharma, counsel for the complainant. 

OPs ex-parte. 

 

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

 

Order

 

               Complainant after becoming member of OP society by depositing membership fee of Rs.10,000/- was allotted share certificate for confirmation of 100 sq. yards of plot in the project known as Sky Rock City Welfare Society @ Rs.12,000/- per sq. yard.  So, total payable price was Rs.12.00 lakhs. Complainant paid amount of  Rs.11,65,000/- on different dates as disclosed in the following table: 

 

Sr.No. Date Receipt Nos. Amount 

1. 01.08.2011 3288 10,000.00

2. 21.12.2011 5698 3,00,000.00

3. 20.04.2012 7756 3,00,000.00

4. 21.08.2012 9292 3,00,000.00

5. 21.08.2012 9293 75,000.00

6. 22.03.2014 11454 1,80,000.00

Total: 11,65,000.00

 

OPs issued provisional allotment letter dated 15.12.2012 for informing complainant that plot No.G-6 has been allotted to him. Signatures of complainant were obtained by OPs on various documents. Complainant after making payments raised demands with OPs many times for handing over possession of the site. As and when complainant visited work site, then she found as if no construction activity carried on the spot. OPs kept on promising to carry on the development activity at earliest and handing over possession of plot at earliest.  It was due to these assurances that amount of EDC and IDC charges even deposited by complainant. However, OP No.2 President of OP No.1 society has been sent to imprisonment by Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh for offences of cheating and defrauding. Finding that OPs not in a position to handover possession, this complaint filed for seeking refund of Rs.11,65,000/- with interest @ 18% per annum upto the dates of payment. Compensation for mental harassment and agony of Rs.5.00 lakhs and litigation expenses of Rs.50,000/- more claimed. 

 

2. Despite grant of chances, written statement has not been filed by OPs. Thereafter none appeared for OPs and as such OPs were proceeded against ex-parte vide order dated 21.09.2018. 

 

3. Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-3 and thereafter closed evidence. 

 

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

 

5. Case of the complainant is duly proved by contents of affidavit Ex.CW-1/1 alongwith documents produced on record. After deposit of membership fee, share certificate Ex.C-1 was issued in favour of complainant for informing that she will be having 100 sq. yards share in the capital of OPs. Receipts Ex.C-2 (numbering 6) produced to show as if complainant has deposited Rs.11,65,000/- in all with OPs. It was on deposit of these amounts that provisional allotment letter Ex.C-3 issued in favour of complainant by OPs. However, despite payment of 90% of agreed sale amount, OPs have not developed the site, due to which they are not in a position to handover possession of promised residential plot to complainant and as such exclusive fault remains with OPs in not delivering possession. Payments were accepted without keeping of promise of developing the residential project site and as such complainant entitled for refund of the entire paid amount with interest @ 12% per annum from the dates of deposits till payment in view of Rule 17 framed under PAPRA Act, 1995. As complainant had been unnecessarily dragged in litigation by OPs for their exclusive fault and as such complainant entitled for compensation for mental harassment and agony also. 

 

6. As a sequel of above discussion, complaint allowed ex-parte against OPs with direction to refund the received amount of Rs.11,65,000/- (Rs. Eleven Lakhs Sixty 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/-  (Rs. Twenty thousand only) and litigation expenses of Rs.5,000/- (Rs. Five thousand only) 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 the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

November 02, 2018.

(G.K. Dhir)

President

 

 

(Amrinder Singh Sidhu)

Member