DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.652 of 2017
Date of institution: 28.08.2017 Date of decision : 15.11.2018
Nathu Ram son of Shri Ram Kumar, resident of 1108, Sector 4, Panchkula (Haryana).
…….Complainant
Versus
1. Sky Rock City Welfare Society (Regd.) site office, Backside GCG College Landran, Tehsil Kharar, District SAS Nagar, Mohali through its President.
2. Shri Navjeet Singh, President, Sky Rock City Welfare Society (Regd.) site office, Backside GCG College Landran, Tehsil Kharar, District SAS Nagar, Mohali (presently lodged in Central Jail Patiala).
2nd Address:
R/o House No.248, United Society, Sector 68, Mohali.
3. Mrs. Parminder Kaur wife of Shri Navjeet Singh, General Secretary, Sky Rock City Welfare Society (Regd.) r/o House No.248, United Society, Sector 68, 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 Vikram Goswami, counsel for complainant.
OP No.1 and 2 ex-parte.
Complaint against OP No.3 has already been withdrawn.
Order by :- Shri G.K. Dhir, President.
Order
On knowing about launching of project named as Sky Rock City Welfare Society, complainant approached OPs for becoming member of this society. OP No.2 and OP No.3 are President and Secretary of OP No.1. Assurance was given to complainant to handover possession of the plot within two years of registration. Complainant was disclosed that society has over 100 acres of land with approved plan of 25 acres and approvals for rest of the land will be got from GMADA office. On these assurances, complainant after becoming member of OP society, booked 150 sq. yards plot for total sale consideration of Rs.15,37,500/-. Plot No. (not disclosed in complaint) in Sector 110-111-112 was allotted to complainant in draw of lots held on 25.07.2015 and thereafter complainant made the following payments:
Particulars | Receipt No. | Date | Amount |
Membership fee | 2513 | 20.06.2011 | 10,000.00 |
Installment/land cost | 4499 | 01.09.2011 | 3,84,375.00 |
Installment/land cost | 5922 | 31.12.2011 | 7,50,000.00 |
Installment/land cost | 2513 | 06.04.2015 | 35,625.00 |
Installment/land cost | 6149 | 05.01.2012 | 3,26,250.00 |
Total: | | | 15,06,250.00 |
Possession of the plot has not been handed over within two years of registration. On visit to the site, complainant found that the promises made by the OPs are baseless and are in air only because no development work has been done on the spot and approvals from GMADA office have not been obtained. Complainant even got knowledge as if land has not been purchased for draw of lots and no approval of the map obtained by OPs. Complainant made payment of installments as per payment plan schedule alongwith EDC charges, but OPs have not performed their part of the contract and as such complainant by pleading deficiency in service on part of OPs, has filed this complaint for refund of the deposited amount of Rs.15,06,250/- alongwith interest @ 19% (compounded quarterly) and compensation for mental harassment and agony of Rs.3.00 lakhs.
2. Complaint against OP No.3 was withdrawn by counsel for complainant by suffering statement in that respect on 15.06.2018 and as such order was passed accordingly regarding withdrawal of complaint against OP No.3 on 15.06.2018 itself. OP No.1 and 2 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-8 and thereafter his counsel closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Case of complainant is proved by his submitted affidavit Ex.CW-1/1 alongwith contents of application form for membership Ex.C-1, share certificate Ex.C-2 and receipts Ex.C-3 to C-6 and Ex.C-8 to the effect that complainant after becoming member of OP society was agreed to be allotted residential plot in Sector 110-111-112, Mohali @ Rs.10,250/- per sq. yard. Size of the plot was 150 sq. yards. Confirmation regarding receipt of 95% of the sale consideration amount was given by OPs to complainant through letter Ex.C-7. 5% discount on payment was given and as such contents of Ex.C-7 establishes that OPs acknowledged as if full payment of plot of 150 sq. yards has been made by complainant to OPs. Through letter Ex.C-7, it was conveyed to complainant as if EDC and IDC charges alone remains payable. However, contents of affidavit Ex.CW-1/1 of complainant establishes that OPs despite assurance have not got the requisite approvals from GMADA and nor carried on development activity on the spot and as such it is obvious that OPs not in a position to handover possession of the plot to complainant. Non carrying of development work and non obtaining of requisite approvals is an act of utmost deficiency in service on part of OP No.1 and 2. Complainant has paid entire sale consideration amount and as such he has performed his part of the contract by sticking to payment schedule. So exclusive fault lays with OP No.1 and 2 in not delivering possession within promised period of two years and also on account of non carrying of any development work on the spot. Being so, complainant entitled for refund of entire paid amount with interest @ 12% per annum from the dates of deposits till payment because of Rule 17 framed under PAPRA Act, 1995.
6. As complainant has been dragged in unnecessary litigation due to fault of OP No.1 and 2 in not developing the project and getting requisite approvals from competent authorities and as such complainant also held entitled to compensation for mental agony and harassment and to litigation expenses. Liability of OP No.1 and 2 for payment of the due amounts will be joint and several.
7. As a sequel of above discussion, complaint allowed against OP No.1 to 2 only with direction to them to refund received amount of Rs.15,06,250/- (Rs. Fifteen Lakhs Six Thousand Two Hundred Fifty 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 OP No.1 and 2. Liability of paying the amount of compensation and litigation costs of OP No.1 and 2 will be joint and several. 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 15, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
