DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.455 of 2017
Date of institution: 03.07.2017
Date of decision : 02.07.2019
Ravinder Kaur wife of Davinder Singh, resident of F-18, Panchsheel Enclave, Zirakpur, District Mohali through her attorney holder Jagdev Singh son of Piara Singh, resident of House No.489-A, Sector 61, Chandigarh.
…….Complainant
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).
……..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 complainant.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant, after becoming member of OP No.1 society, booked residential plot measuring 150 sq. yards in project situate in Sectors 111-112, SAS Nagar (Mohali). Membership fee of Rs.10,000/- was deposited by complainant on 07.10.2011 and thereafter amount of Rs.4,12,500/- paid vide cheque dated 07.10.2011 regarding which receipts were issued by OPs. Thereafter an amount of Rs.4,12,500/- more deposited by complainant with OPs in cash regarding which receipt dated 10.02.2012 was issued. Thereafter, provisional allotment letter was issued in favour of complainant by OPs on 01.12.2012 showing as if Plot No.F-37 in Sector 111-112, SAS Nagar Mohali having area of 150 sq. yards for total sale consideration of Rs.16,50,000/- has been allotted to complainant. An amount of Rs.2,47,500/- more deposited in cash on 12.08.2015 regarding which receipt was issued by OPs. Again provisional allotment letter dated 05.08.2015 mentioning plot No.188 in Sectors 110-111-112, SAS Nagar, Mohali was issued by OPs in favour of complainant. On demand by OPs vide letter dated 05.08.2015, EDC and IDC charges of Rs.2,62,500/- more deposited by complainant with OPs vide cheque dated 15.10.2015 regarding which receipt dated 10.11.2015 was issued. Another amount of Rs.1,12,500/- as EDC was deposited by complainant with the OPs on 08.06.2015. Complainant in view of making payments referred above, became eligible for second draw of allotment of plots held on 01.04.2015 at Hotel JW Marriot. Complainant was allotted Plot No.188 having area of 150 sq. yards in Sector 111-112, SAS Nagar in the said draw of plots. The complainant became member of OP society on 07.10.2011 and the OPs were to handover physical possession of
the plot in October, 2013 i.e. within two years, but till date possession has not been handed over. Complainant has deposited Rs.14,57,500/- in all upto June, 2015 including EDC and IDC charges. Though OPs informed complainant as if development work is near completion and possession will be delivered by September, 2015, but complainant after visiting site in September, 2015 and subsequently came to know as if development work on the site is not complete and OPs unable to handover possession of plot to the allottees, more so when PUDA has refused to issue certificate regarding completion of development works on the site. Complainant claims to have suffered huge loss and as such by pleading deficiency in service on part of OPs, payer made for directing OPs to refund deposited amount of Rs.14,57,500/- with interest @ 9% per annum from the dates of deposits. Compensation for mental agony and harassment of Rs.2.00 lakhs and litigation expenses of Rs.25,000/- more claimed. Besides this, it is claimed that OPs violated provisions of PAPRA Act
2. In reply submitted by OPs jointly it is pleaded inter alia as if complainant has approached this Forum by suppressing true facts and allegations of deficiency in service and unfair trade practice are vague and false. It is claimed that aim and object of Sky Rock City Welfare Society is to act for welfare of residents of the society. For that purpose society to act as a liaison between residents of area and authorities concerned for providing civil needs and amenities. Complainant approached OPs for becoming member of the society and thereafter enrolling herself as member, she opted to choose size of the plot. All terms and conditions of payment till handing over of possession of plot were read over to complainant and she agreed with the same. Membership amount of Rs.10,000/- was paid by complainant against which receipt was issued. Thereafter payments of R.4,12,500/-; Rs.4,12,500/-; Rs.2,47,500/- and Rs.2,62,500/- were made by complainant to OPs regarding which receipts were duly issued. After initial payment, OPs issued provisional allotment letter. Last installment was paid on 10.11.2015 of amount of Rs.2,62,500/- regarding which Annexure C-9 has been produced by complainant. OP society was under obligation to give possession of plots to members within 36 months from the date of issuance of allotment letters. Possession was to be given untill 2018, but complaint filed in 2017, being premature, is not maintainable. OP society has spent Rs.190.00 crores for purchase of land and paid Rs.12.5 crores approximately to GMADA and other Governmental authorities for CLU and UDC and other fee. Huge amount has been spent on development of the project including laying of sewerage pipes, lights, water supply, street lights etc. Other averments of the complaint not admitted.
3. In order to prove case of complainant, her attorney tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-11 and thereafter counsel for complainant closed evidence. None appeared for OPs subsequently and as such OPs were proceeded against ex-parte.
4. Written arguments not submitted. Oral arguments heard and record gone through.
5. Contents of affidavit Ex.CW-1/1 of attorney of complainant alongwith copies of receipts Ex.C-2 to Ex.C-4, C-6 and C-9 establishes that an amount of Rs.14,57,500/- in all has been deposited by complainant with OPs on different dates referred above. Complainant became member of OP society by submitting application form Ex.C-1. Provisional allotment letter Ex.C-5 regarding 150 sq. yards of area of Plot No.F-37 was issued in favour of complainant by OPs. Another provisional allotment letter dated 05.08.2015 Ex.C-7 mentioning allotment of plot No.188 in Sectors 110-111-112 of area 150 sq. yards was issued in favour of complainant by the OPs. Demand of CLU charges or of IDC and EDC charges was put forth by OPs from complainant through letter Ex.C-8. Ex.C-10 is the bank account statement of complainant showing payment of Rs.1,12,500.00 to the OPs on 08.06.2015. Ex.C-11 is the special power of attorney given by complainant Ravinder Kaur in the name of Shri Jagdev Singh son of Shri Piara Singh for pursuing this complaint. So case put forth by complainant in affidavit and the complaint proved by contents of above referred documents.
6. OPs failed to deliver possession of the plot because of alleged act of bungling committed by Navjeet Singh, due to which he is confined in jail and as such certainly submission advanced by counsel for complainant has force that OPs not in a position to handover possession, more so when construction work at the site even has not been started and development works even not carried on the spot.
7. Though OPs have not led any evidence, but they in reply admitted about receipt of payments through Ex.C-2 to C-4, C-6 and Ex.C-9. In preliminary objection No.6 of written statement of OPs, it has been admitted that OP No.1 society was under obligation to give possession of the plots to members within 36 months from the date of allotment and as such possession was to be delivered untill 2018. However, complaint filed in 2017 and as such it is sought to be projected as if complaint is premature. This complaint certainly cannot be said to be premature because after detection of fraud, Navjeet Singh, President of OP society is confined in jail and OP society not in a position to handover possession. Arrest of OP No.2 took place in February, 2017 and PUDA refused to issue certificate regarding completion of development works on the site due to violation of law laid in PAPRA Act by OPs, as per claim of complainant put forth through complaint and the submitted affidavit and as such there was no need for complainant to keep on waiting for elapse of three years. Complaint has been filed by complainant after being sure that OPs not in a position to handover possession because of non obtaining of requisite sanctions from GMADA and other authorities and as such complaint certainly cannot be termed as premature.
8. Acceptance of hefty amount of Rs.14,57,500/- by making false promise of delivery of possession amounts to unfair trade practice on the part of OPs and as such certainly complainant entitled to demanded interest @ 9% per annum from the dates of deposit till payment, because that rate of interest claimed by complainant is quite reasonable and is not exorbitant at all. Complainant also entitled to compensation for mental agony and harassment.
9. As a sequel of above discussion, complaint allowed with direction to OPs to refund claimed amount of Rs.14,57,500/- (Rs.Fourteen Lakhs Fifty Seven Thousand Five Hundred 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
July 02, 2019
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
