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

                                      Consumer Complaint No.404 of 2016

                                                Date of institution:  01.07.2016                                         Date of decision   :  28.02.2017

Reen Baljeet Kaur daughter of Shri Man Singh, resident of 1155-A, Sector 46-B, Chandigarh.

 ……..Complainant

                                        Versus

1.     The Sky Rock City Welfare Society, Site Office, 111-112, Near CGC College Landran, SAS Nagar, Mohali through its President Navjeet Singh.

2.     Navjeet Singh, President, Sky Rock City Welfare Society, Site Office, 111-112, Near CGC College Landran, SAS Nagar, Mohali.

3.     Parminder Kaur daughter of Lachhman Singh, General secretary, Sky Rock City Welfare Society, Site Office, 111-112, Near CGC College Landran, SAS Nagar, Mohali

                                                     ………. Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President                 

Ms. Natasha Chopra, Member.

Present:    Shri Divjyot S. Sandhu, counsel for the complainant.

OPs ex-parte.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Reen Baljeet Kaur has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

                The case of the complainant is that after going through the advertisements and tall claims made by the OPs, she paid a sum of Rs.10,000/- to the OPs vide receipt dated 20.06.2011 towards membership for purchase of plot measuring 150 sq. yards @ Rs.10,500/- per sq. yards in the housing project namely Sky Rock City of the OPs, on the terms and conditions as mentioned on the overleaf of receipt dated 20.06.2011.  The total cost of the plot was Rs.15,75,000/- After that the complainant made total payment of Rs.9,88,750/- from 21.09.2011 to 30.04.2012 vide various receipts. In order to pay these amounts the complainant had raised loan of Rs.3.00 lacs with interest @ 18.5% per annum from Axis Bank having EMI of Rs.7700/- per month for five years.  Thereafter the complainant met OP No.2 when she was assured that the complainant would be delivered possession of the plot within 15 days and her name would be included in the draw of lots for the plot number. The condition for handing over possession of the plot was unilaterally changed by the OPs from two years to three years from the date of registration i.e. 20.06.2011,  vide receipt dated 05.01.2012. Thus, counting three years from 20.06.2011, the possession was to be given to the complainant by 19.06.2014. As the OPs failed to deliver the possession, the complainant requested the OPs to refund the money vide her letter dated 02.10.2013 followed by reminders dated 07.12.2013 and 06.06.2016. As per the conditions for refund of the amount from the OPs, if the applicant does not want to continue he would be refunded the entire amount with prevailing interest per annum after one year from the date of registration. Thus the complainant is entitled for refund of the amount.  Till date the OPs have not refunded the amount to the complainant. Hence, the complainant has sought direction to the OPs to refund him Rs.9,88,750/- alongwith interest @ 18% per annum till realisation; to pay her Rs.3.00 lakhs as compensation for mental agony, harassment and financial loss and Rs.55,000/- as costs of litigation.

2             Notice sent to the OPs received back with the report of refusal. Hence presuming due service as per Section 28-A (3) of the Consumer Protection Act and none having appeared for the OPs, they were proceeded against ex-parte vide order dated 04.10.2016.

3.             In order to prove the case, the complainant tendered in evidence her affidavit Ex. CW-1/1; copies of payment receipt Ex.C-1; application form Ex.C-2; receipts Ex.C-3 to C-7; loan sanction letter Ex.C-8; memorandum of association Ex.C-9; letter Ex.C-10 and letter alongwith postal receipt Ex.C-11.

4.             Learned counsel for the complainant has argued that the complainant became member of the OPs society on 20.06.2011 and as per Clause-5 of the receipt Ex.C-1 dated 20.06.2011 the plot was to be handed over physically not later than two years of registration/requisition. This condition was unilaterally changed by the OPs upto three years vide receipt dated 05.01.2012. The complainant had made payment of Rs.9,88,750/- to the OPs but when the OPs failed to deliver her the possession of the plot even after expiry of unilaterally extended time by 19.06.2014, then as per Clause-4 of receipt Ex.C-1, she requested the OPs for refund of the deposited amount which the OPs have not refunded till date.  Thus the OPs have committed unfair trade practice and deficiency in service. 

5.             We have gone through the pleadings, evidence, written and oral arguments of the counsel for complainant. The documents Ex.C-1 & C-3 to C-7 show that the complainant had deposited total amount of Rs.9,88,750/- with the OPs. When the OPs failed to deliver her the possession within the stipulated period, the complainant sought refund of the deposited amount vide letters Ex.C-10 and Ex.C-11.  The OPs also refused to receive the notice sent to them through registered post and did not appear to contest the complaint. Non appearance of the OPs shows that they have nothing to say with regard to the averments of the complaint. Thus, the complainant is entitled to refund of the amount from the OPs. 

6.             Accordingly, we direct the OP to refund the deposited amount of Rs.9,88,750/- (Rs. Nine Lakhs Eighty Eight thousand Seven Hundred Fifty only) to the complainant alongwith interest @ 9% per annum from the respective date of receipts  till actual payment. We also find that the complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony caused due to negligent act of the OPs and litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed accordingly.            

                The OPs are further directed to comply with the order of this Forum within 45 days from the date of receipt of this order.

                The arguments on the complaint were heard on 16.02.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 28.02.2017    

                                         (A.P.S.Rajput)           

President

        (Ms. Natasha Chopra)

Member