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

                                      Consumer Complaint No.685 of 2015

                                                Date of institution:  22.12.2015                                             Date of decision   :  29.09.2016

Parkash Chander son of Budhi Ballabh, 1214-A, Sector 41-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, The Sky Rock City Welfare Society, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali.

                                                      ………. Opposite Parties

Complaint under Sections 12 to 14

of the Consumer Protection Act

Quorum

Shri Ajit Pal Singh Rajput, President

Shri Amrinder Singh Sidhu, Member

Mrs. R.K. Aulakh, Member.

Present:     Shri Divjyot Singh Sandhu, cl. for the complainant.

                Opposite parties ex-parte.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant, Parkash Chander son of Budhi Ballabh, 1214-A, Sector 41-B, Chandigarh, has filed the present complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant became member of the OP society by paying Rs.10,000/- vide receipt dated 01.09.2011. Thereafter, the complainant agreed to purchase 100 sq. yard plot @ Rs.12,500/- per sq. yard from the OPs.  As per the terms and conditions attached with receipt dated 01.09.2011, the plot was to be handed over physically not later than two years of registration/requisition.  The complainant thereafter made payment of Rs.6,35,000/- to the OPs vide receipts dated 10.02.2012 and 12.06.2012. Thereafter, the complainant came to know that the GMADA has not issued licence to the OPs to develop the colony. Upon this, the complainant requested the OPs vide his letter dated 20.01.2014 to refund the entire amount. The amount has not been refunded to the complainant. Hence this complaint for giving directions to the OPs to refund the deposited amount of Rs.6,35,000/- alongwith interest @ 18% per annum till realisation; pay him compensation amounting to  Rs.5,00,000/- for mental and physical harassment and Rs.1,10,000/- as costs of litigation.

3.             The notice sent to the OPs through registered post received back with the report of ‘refusal’. Thus, presuming it as due service under section 28 of the Consumer Protection Act and none having appeared for them, the OPs were proceeded against ex-parte vide order dated 16.02.2016.

4.             In order to prove the case, the complainant tendered in evidence his affidavit Ex.CW-1/1; copies of payment receipts dated 01.09.2011, 10.02.0212 and 12.06.2012 Ex.C-1 to C-3 and letter Ex.OP-4.  

5.             Learned counsel for the complainant has argued that the complainant became member of the OP society on 01.09.2011 and as per Clause-4 of receipt Ex.C-1 dated 01.09.2011 the plot was to be handed over physically not later than two years of registration/requisition. The complainant had made total payment of Rs.6,35,000/- to the OPs but when he came to know that the OPs does not have the license to develop the colony, then as per Clause-4 of receipt Ex.C-1, on  20.01.2014 he requested 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. 

6.             We have gone through the pleadings, evidence, written and oral arguments of the counsel for complainant. The documents Ex.C-1 to C-3 show that the complainant had deposited total amount of Rs.6,35,000/- with the OPs and further vide letter Ex.C-4 the complainant requested for refund of the amount. The OPs 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. 

7.             Accordingly, we direct the OP to refund the deposited amount of Rs.6,35,000/- (Rs. Six lacs thirty five thousand only) to the complainant alongwith interest @ 8% per annum from the respective dates of deposit 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.5,000/-        (Rs. Five 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 22.09.2016 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: 29.09.2016      

                                         (A.P.S.Rajput)            

President

                                                            (Amrinder Singh Sidhu)

Member

                (Mrs. R.K. Aulakh)

Member