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

Consumer Complaint No.109 of 2018

                                               Date of institution:  22.01.2018                                             Date of decision   :  03.10.2018

Ramesh Kumar Dhuppar son of Ram Lal Dhuppar, resident of House No.3146, sector 28-D, Chandigarh.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh, Sky Rock City, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali.

2.     Navjeet Singh, President, Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh, Sky Rock City, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali.

        (Now currently lodged in Central Jail, Patiala with a prayer to serve through Jail Superintendent, Central Jail, Patiala).

                                                        ……..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 N.S. Jagdeva , counsel for complainant

                OPs ex-parte.

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

Order

               Complainant, after being allured by advertisements of OPs, became member of OP society for availing housing services for allotment of plot in Housing Project Part-II, Mullanpur, District Mohali. Rs.10,000/- were paid by complainant to OPs on 20.08.2011  towards membership fee and booking charges.  Plot measuring 150 sq. yards area was booked @ Rs.8,000/- per sq. yard, which means that total sale consideration was Rs.12.00 lakhs. At the time of booking of plot, Manager of OPs disclosed that they have all necessary permissions/licenses obtained from Punjab Govt. and GMADA. Complainant paid following amounts on different dates through receipts, annexures of which are mentioned in the below worked out table:

                Complainant visited site in 2013 for knowing that OPs have not completed basic infrastructure in the area and that no development work has been carried on the spot. Rather in March, 2013 complainant got knowledge as if OPs have not got requisite license/permissions/approvals for development of the colony and project is in air. It is claimed that above referred amounts collected by OPs from complainant by adopting unfair trade practice and as such refund of the amount sought with interest @ 12% per annum from the dates of deposits till payment. Reference to provisions of Sections 3,5,9,12 and 17 of the PAPRA Act specifically made in the complaint. It is also claimed that Navjeet Singh, President of the OP society is lodged in Central Jail, Patiala and seeking quashing of the FIR registered against him, but the same has been dismissed by Hon’ble Punjab and Haryana High Court. Though promise was made for handing over possession within 2 years, but OPs are not in a position to handover possession owing to non development of colony. License by OPs was obtained from GMADA under PAPRA Act, but now public notice in Daily Tribune has been got published on 28.02.2017 for informing members and others as if approval from GMADA has been cancelled. Refund of amount of Rs.3,10,000/- with interest @ 12% from the dates of deposits till payment alongwith compensation for mental harassment and agony of Rs.1.00 lakh and litigation expenses of Rs.22,000/- more claimed.

2.             OPs are ex-parte in this case .

3.             Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-6 and then closed evidence.  

4.             Written arguments submitted. Oral arguments of counsel for complainant heard and records gone through.

5.             Copies of receipts/cheques Ex.C-1, C-3, C-4 to C-6 are produced on record for establishing that complainant paid amount of Rs.3,10,000/- to OPs on different dates, but after becoming member of OP society by paying membership fee of Rs.5,000/- through receipt Ex.C-1 dated 20.08.2011. This membership was got by complainant after submitting application form for membership Ex.C-1/A. Terms and conditions of purchase and of becoming member are produced on record Ex.C-2, C-3/A and Ex.C-5. After going through clauses 3 and 4 endorsed on these documents, it is made out that if complainant or other allottees do not want to continue even after paying some installments, then they will be refunded the entire amount with 8% interest per annum after three years from the date of requisition. So in view of this clause, entitlement of complainant for refund with interest will be from the date of submitting of requisition for refund. No notice in this case sent for seeking refund and as such virtually refund of paid amount sought for the first time by filing this complaint on 22.01.2018 only. Complainant has not sticked to payment schedule mentioned in Ex.C-2 because he deposited only Rs.3,10,000/- out of total sale consideration amount of Rs.12,00,000/- which means that complainant deposited about 27% of sale consideration amount at the most. Complainant remained silent after paying the last amount of Rs.1,80,000/- on 01.06.2012 untill filing of this complaint on 22.01.2018 and as such it is obvious that complainant neither sought for refund of the amount and nor he took steps for getting possession at earliest. It is submitted through written arguments that possession was to be offered by 2013 and if that be the position, then keeping of silent by complainant for more than five years itself is a circumstance showing as if complainant virtually did not stick to terms and conditions of payment schedule referred in Ex.C-2.

6.             It is submitted through written arguments that complainant made enquiries from various offices in March 2013 regarding availability of approvals/permissions/licenses with OPs for developing the colony and if that be the position then virtually complainant got knowledge as if basic infrastructure in the area not developed in 2013 even. Rather Navjeet Singh, President of OP society has been arrested and is in jail after registration of FIR against him, is a fact pleaded in complaint and submitted during course of written arguments. It is contended that OPs indulged in unfair trade practice because the project in question floated for developing residential colony without seeking approvals from GMADA and other authorities. It is pleaded in Para 23 of the written arguments that in 2016, complainant got knowledge as if no progress is carried on the spot and land of the project is alone a land because of cancellation of license of OPs. So two self contradictory positions pleaded through written arguments i.e. one that no approval/permission got, but the other one is that earlier license issued in favour of OPs has been cancelled. This means that complainant himself is beating the bush and that is why he is taking two self contradictory pleas. If license earlier was obtained by OPs, then why complainant kept silent by not sticking to payment plan, qua that no due explanation offered and as such virtually fault lay with complainant also in not adhering to the payment plan schedule.

7.             As per law laid down in Randhir Singh and Anr. Vs. Omaxe Chandigarh Extension Developers Pvt. Ltd. 2015(1) CPJ 514 (NC), if the purchaser remained defaulter in not adhering to the installment payment plan, then he is not entitled for any interest, even though the builder had not developed the site, due to which he is not in a position to deliver possession. It is so because he who seeks equity must do equity. In case the equity seeker himself is deficient, then he is not entitled for any interest, is the crux of ratio of above said case. Ratio of this case is fully applicable to the facts of the present case

8.             As a sequel of above discussion, complaint allowed ex-parte by directing OPs to refund the received amount of Rs.3,10,000/- (Rs. Three Lakhs Ten Thousand only) alongwith interest @ 12% per annum with effect from the date of filing of complaint namely 22.01.2018 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.  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

October 03, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                       (Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member