DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.483 of 2016
Date of institution: 11.08.2016
Date of decision : 07.02.2018
1. Paramjit Kaur wife of Pritpal Singh, resident of House No.3308/2, Sector 40-D, Chandigarh.
2. Bahal Singh Swaich son of Balwinder Singh, resident of VPO Bagli Kalan, Tehsil Samrala, District Ludhiana.
…….Complainants
Versus
1. Sky Rock City Welfare Society, Sky Rock City, Sector 111-112, Mohali through its President.
2. Navjit Singh, President, Sky Rock City Welfare Society, Sky Rock City, Sector 111-112, 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 Ajay Singla, Advocate with Shri Jatinder Bansal, counsel for the complainants.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
On motivation of OP No.2, complainants became members of OP No.1 society with hope that 200 sq. yards plot will be allotted to them as members of the society @ Rs.6,000/- per sq. yard. Membership fee of Rs.5,000/- was deposited by complainants through cheque on 27.06.2011 against which receipt No.112 was issued. Complainants agreed to purchase 8M/200 sq. yard size plot from OPs @ Rs.6,000/- per sq. yard and thereafter a sum of Rs.1,20,000/- paid to OPs through cheque No.184025 dated 27.06.2011 on 26.06.2011 against which receipt No.006 dated 26.06.2011 was issued. Possession was assured to be handed over shortly, but the same has not been delivered of any plot till date. Thereafter on issue of demand letter dated 02.06.2012 by OPs, complainants paid Rs.2,40,000/- as second installment through cheque No.341509 dated 21.06.2012. Till date neither any allotment of the plot done to the complainants and nor anything disclosed as to them as to when the plot is going to be allotted to the complainants. As per terms and conditions of OP No.1, physical possession of the plot required to be handed over not later than two years of registration. Further as per those terms, if complainants do not want to continue even after paying some installments, then the entire amount will be refunded with interest @ 8% after three years. Complainants visited office of OPs many times, but to no effect. Lastly complainants requested OPs to refund the amount paid by them and thereafter on suggestion of Mr. Sanjay, an official of the OPs, complainants sent a letter in writing for refund of the amount. Despite that neither the amount refunded and nor the plot allotted. Even the legal notice dated 30.05.2016 served by complainants on OPs did not entail any result and that is why this complaint by pleading deficiency in service on the part of OPs for seeking direction to OPs to refund the received amount of Rs.3,60,000/- with interest @ 18% per annum. Compensation for mental harassment and agony of Rs.1,00,000/- and litigation expenses of Rs.30,000/- more claimed.
2. OPs are ex-parte in this case.
3. Counsel for complainants tendered in evidence affidavit Ex.CW-1/1 of complainant No.1 alongwith documents Ex.C-1 to Ex.C-8 and thereafter closed evidence.
4. Written arguments not submitted. Oral arguments heard and record gone through.
5. Perusal of copy of receipt No.112 dated 06.06.2011 (Ex.C-1) establishes as if complainants became members of OP No.1 by agreeing as if the deposited amount as membership fee is not refundable. As complainants became members of the society and that is why they paid Rs.1,20,000/- to OPs through receipt Ex.C-2 dated 26.06.2011 and another amount of Rs.2,40,000/- through receipt Ex.C-4 dated 21.06.2012. The later mentioned amount of Rs.2,40,000/- was deposited by complainants with the OPs after receipt of demand/intimation letter Ex.C-3 dated 02.06.2012. In Ex.C-3 it is mentioned that in case complainants failed to deposit the demanded amount of Rs.2,40,000/-, then entire amount already deposited with OP No.1 society will be refunded by way of cancellation of membership and the person in the waiting list will be enrolled as new member. So certainly this documentary evidence alongwith contents of affidavit Ex.CW-1/1 establishes that on becoming of complainants as members of OP No.1 House Building Society, they deposited Rs.3,60,000/- with the OPs in hope that they will get a plot as per terms and conditions mentioned in Ex.C-5. However, that plot has not been allotted to the complainants at all till date and nor any activity of carving out the plots alleged to be carried on at the spot and as such certainly OPs received amount of Rs.3,60,000/- from complainants without intention of fulfilling promise of allotting the plot. Being so, complainants certainly entitled to refund of paid amount of Rs.3,60,000/- as per terms and conditions contained in Ex.C-5.
6. Complainants sought refund of the paid amount of Rs.3,60,000/- by writing letter Ex.C-6 dated 29.05.2015, but by claiming that they are unable to pay any more amount and that is why they are seeking refund of the paid amount alongwith interest as per agreement. So virtually refund of the paid amount claimed by complainants through Ex.C-6 as per terms and conditions contained in Ex.C-5.
7. As the present is a case in which refund of the deposited amount sought by complainants on account of their inability to pay the balance amount through Ex.C-6, and as such case of the complainants is governed by Clause-4 of terms and conditions contained in Ex.C-5. Clause-4 of terms and conditions contained in Ex.C-5 reads as under:
“If the applicant doesn’t want to continue even after paying some installments, he will be refunded the entire amount paid with 8% interest P.A. after three years from the date of requisition.”
8. In view of the above quoted Clause-4 of Ex.C-5 and in view of the fact that complainants themselves opted not to continue after paying two installments, it is obvious that complainants are entitled for refund of the entire paid amount with interest @ 8% per annum after three years from the date of requisition. That request submitted by complainants on 29.05.2015 by filing application Ex.C-6 and further by issue of legal notice dated 30.05.2016 placed on record as Ex.C-7 alongwith postal receipt. Being so, entitlement of complainants for refund of paid amount with interest @ 8% per annum accrued from the date of issue of legal notice Ex.C-7 and not before that, more so when the earlier request submitted through Ex.C-6 dated 29.05.2015 remained unattended, despite receipt of same by one Mr. Sanjay, who is alleged to be representative of OPs. Further complainants claimed refund of deposited amount with 8% interest as per agreement through Ex.C-6 and as such by keeping in view Clause-4 of Ex.C-5, it is appropriate to order refund of the deposited amount of Rs.3,60,000/- with interest @ 8% per annum w.e.f. the date of legal notice dated 30.05.2016 till payment. Complainants also suffered mental agony and harassment and were dragged to litigation in view of non compliance of Clause-4 of Ex.C-5 by OPs and as such complainants entitled to reasonable amount of compensation and litigation expenses. That amount needs be determined by keeping in view the fact that the OPs have not come to contest this complaint.
9. As a sequel of above discussion, complaint allowed with directions to OPs to refund the received amount of Rs.3,60,000/- with interest @ 8% per annum with effect from the date of issue of legal notice namely 30.05.2016 till payment. Compensation for mental harassment and agony of Rs.5,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainants and against the OPs, whose liability is held as joint and several. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of order.
Since there is shortage of postal stamps in this Forum, therefore, the appearing parties through their counsel are directed to receive free certified copy of the order by hand and it is the responsibility of the learned counsel for the parties to inform them accordingly. This direction issued by following the principle laid down by Hon’ble Punjab State Consumer Disputes Redressal Commission, Chandigarh in Consumer Complaint No.956 of 2017 titled as Partap Rai Sharma Vs. Greater Mohali Area Development Authority (GMADA), decided on 25.01.2018.
Announced
February 07, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
(Mrs. Natasha Chopra)
Member
