DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.567 of 2017
Date of institution: 01.08.2017
Date of decision : 09.08.2018
1. Raj Kumar Verma son of Late Shri Ravi Dev Verma, resident of # 19, Ranjeet Enclave, Kunjpura Road, Ashoka Nursery, District Karnal, Haryana.
2. Prabhjot Kaur wife of Kultej Verma, resident of # 19, Ranjeet Enclave, Kunjpura Road, Ashoka Nursery, District Karnal, Haryana through her power of attorney Holder Raj Kumar Verma son of Late Sh. Ravi Dev Verma.
…….Complainants
Versus
1. Sky Rock City Welfare Society (Regd.), SCO No.672, Sector 70, First Floor, Mohali, District SAS Nagar, Mohali through its President/Director/Authorised Signatory Navjeet Singh.
2nd Address
Sky Rock City, Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali.
2. Navjeet Singh, President of Sky Rock City Welfare Society, SCO 668, Top Floor, Sector 70, SAS Nagar (Mohali).
2nd Address
Sky Rock City, Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali.
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member
Present: Shri A.K. Handa, counsel for the complainants.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainants got booked one residential plot measuring 100 sq. yards for total sale consideration of Rs.12,50,000/- with OPs at their Mohali project situate in Sector 111-112, SAS Nagar, Mohali on 01.09.2011 by paying membership fee of Rs.10,000/- through receipt. First installment of Rs.3,12,500/- paid on 05.01.2012 through receipt. Another amount of Rs.5,75,000/- paid on demand of OPs and thereafter some more amounts were deposited. It is claimed that in all amount of Rs.10,72,500/- including EDC and IDC charges has been deposited by August, 2015. Provisional allotment letter was issued in favour of complainants by OPs on 03.08.2015 regarding plot No.367 having area of 100 sq. yards. Despite deposit of huge amount of Rs.10,72,500/-, possession has not been delivered till date. Thereafter complainants 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 in July, 2016 and then OPs informed that development work is complete on the site. Assurance for delivery of possession by August, 2016 was given. Complainants sometime prior to filing of complaint got knowledge as if development work is not completed on the spot because of refusal by PUDA to issue certificate regarding completion of development and violation of other terms and conditions laid down in Punjab Apartment and Property Regulation Act, 1995. Complainants claim that plot was booked by them for needs of the family, but OPs adopted malpractice of accepting money and not handing over possession. So prayer made for directing OPs to refund the received amount of Rs.10,72,500/- with interest @ 18% per annum from the date of receipt. Compensation for mental agony and harassment of Rs.3.00 lakhs and litigation expenses of Rs.55,000/- more claimed.
2. OPs are ex-parte in this case.
3. Complainant No.1 after tendering in evidence affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-10 closed evidence. Thereafter counsel for complainants suffered statement on 09.08.2018 for claiming that complainants claim interest @ 9% per annum from the dates of deposits alongwith compensation for mental harassment of Rs.50,000/- and litigation expenses of Rs.20,000/-. After sufferance of this statement, complaint was brought within the pecuniary jurisdiction of this Forum and as such it is obvious that complainants thus are interested in getting interest @ 9% per annum on the deposited amounts.
4. Written arguments not submitted. Oral arguments heard and record gone through.
5. Complainants by submitting application form Ex.C-1 and depositing Rs.10,000/- through receipt Ex.C-2 became members of OP society and thereafter deposited amounts of Rs.3,12,500/-; Rs.5,75,000/- and Rs.1,75,000/-, is a fact borne from produced receipts and cheque placed on record as Ex.C-3, C-5 and Ex.C-7. These amounts were deposited in pursuance of received requisition and notice, copies of which are produced as Ex.C-4, C-6 and Ex.C-8. Offer of possession of Plot No.367 was given to complainants by OPs through letter Ex.C-9 and as such it is obvious that complainants have deposited hefty amount of Rs.10,72,500/- out of total sale consideration price of Rs.12,50,000/-. So, more than 80% of amount virtually has been deposited by complainants with OPs, but despite that OPs have not started the project. Rather complainants 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 complainants. Acceptance of hefty amount after making false promise of delivery of possession, amounts to unfair trade practice and as such certainly complainants entitled for refund of entire paid amount with demanded interest @ 9% per annum from the dates of deposits till payment. As none has come to contest on behalf of OPs and as such allowing of compensation for mental agony and harassment of Rs.20,000/- and litigation expenses of Rs.5,000/- will be appropriate.
6. As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.10,72,500/- (Rs. Ten Lakhs Seventy Two Thousand and Five Hundred only) with interest @ 9% per annum with effect from the dates of deposits till payment. Compensation for mental harassment and agony of Rs.20,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainants 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
August 09, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu)
Member
