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

Consumer Complaint No.604 of 2017

                                                   Date of institution:  09.08.2017

                                                   Date of decision   :  15.01.2019

Paramjeet Dhanda wife of Tirath Ram, resident of AE-39, Shalimar Bagh, New Delhi 110088.

…….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 Paraminder 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 complainants.

                OPs Ex-parte.

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

Order

               Complainant booked one residential plot measuring 100 sq. yards for total sale consideration of Rs.10,50,000/- with OPs at their Mohali project situate in Sector 111-112, SAS Nagar, Mohali on 20.06.2011 by paying membership fee of Rs.10,000/- through receipt. Thereafter complainant paid the following amounts to the OPs on various dates:

                It is claimed that in all amount of Rs.12,05,000/- including EDC and IDC charges has been deposited by June, 2015. Share certificate mentioning membership No.2610 was also issued by OPs in favour of complainant. The complainant became member of the OP society on 20.06.2011 and the OPs were to handover actual possession of the plot in June, 2013. Thereafter complainant started visiting office of OPs frequently for ascertaining status of handing over of possession, but OPs failed to give satisfactory reply.  Again status of handing over of physical possession of the plot to the allottees was sought from OPs and then OPs informed that development work is complete on the site. Assurance for delivery of possession by October, 2015 was given. It is also claimed that Navjeet Singh, President of the OP society has been arrested by the police in February, 2017. Complainant sometime prior to filing of complaint got knowledge as if development work is not complete on the spot because of refusal by GMADA to issue certificate regarding completion of development and violation of other terms and conditions laid down in Punjab Apartment and Property Regulation Act, 1995. So prayer made for directing OPs to refund the received amount of Rs.12,05,000/- with interest @ 9% per annum from the date of receipt. Compensation for mental agony and harassment of Rs.3.00 lakhs and litigation expenses of Rs.25,000/- more claimed.

2.             OPs 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 Ex.C-16 and thereafter her counsel closed evidence.

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

5.             Complainant by submitting application form Ex.C-1 and depositing Rs.10,000/- through receipt Ex.C-2 became member of OP society and thereafter deposited various amounts through receipts Ex.C-3, Ex.C-4, Ex.C-6 to Ex.C-8, Ex.C-13 and Ex.C-14. Share certificate Ex.C-5 in favour of complainant was also issued by the OPs.  Provisional allotment of plot No.G-9  in Sector 111-12 measuring 100 sq. yards was made in favour of complainant by OPs vide Ex.C-9. No objection certificate Ex.C-10 was issued by OPs to complainant showing as if nil balance amount stands towards complainant against the plot in question and as such it is obvious that complainant has deposited the total sale consideration price alongwith demanded EDC/IDC charges vide letter Ex.C-12. but despite that OPs have not started the project.  Even OPs vide another letter Ex.C-11 made provisional allotment of plot No.238-A in Sector 111-112, Mohali in favour of complainant. Complainant got knowledge on enquiries and after visiting the site as if requisite sanctions have not been obtained and that is why project work could not be completed for handing over of possession of the allotted plot to complainant. The complainant vide request dated 17.06.2017 Ex.C-15 requested the OPs to give physical possession of the plot or to refund deposited amount with interest.  Neither the possession of the plot handed over nor amount refunded to the complainant. Acceptance of sale consideration of the plot after making false promise of delivery of possession, amounts to unfair trade practice and as such certainly complainant entitled for refund of entire paid amount with demanded interest @ 9% per annum from the dates of deposits till payment. 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 with direction to OPs to refund the received amount of Rs.12,05,000,/- (Rs. Twelve Lakhs 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

January 15, 2019

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member