Punjab

Fatehgarh Sahib

RBT/CC/1065/2018

Saroj Bala - Complainant(s)

Versus

Sky Rock City Welfare Society - Opp.Party(s)

Paras Jagga

03 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                   RBT/CC/1065/2018

Complaint No. 1065 of 2018

                                                                   Date of Institution: 12.10.2018

                                                                   Date of Decision:    03.12.2021

Saroj Bala, aged about 58 years, W/o Parbhash Chander, R/o VPO Kumbra, Sec 68, Mohali  

                                                                                      …………....Complainant

                                                Versus

1. Sky Rock City Welfare Society (Regd) SAS Nagar Mohali through its president Navjeet Singh, President, Sky Rock City Welfare Society, 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. Punjab (Now currently lodged in District Jail Ropar with a prayer to Served through Jail Superintendent District Jail Ropar.)

 

..………....... Opposite Parties

Complaint under Section 17 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Ms. Shivani Bhargava, Member

 

Present:  Complainant in person

     None for OPs

Order By

Pushvinder Singh, President

 

1.                  The present complaint has been filed by the complainant against the OPs (other parties), with a prayer to direct the OPs to execute the sale deed or return the amount paid by her along with interest, cost and compensation
2.                   The complainant has alleged that the Ops gave a representation to the general public to the effect that membership is open for general public to become a member of the OP No.1 and thereby after becoming a member, she shall be eligible for allotment of plots of various dimensions as carved out by the Ops in various newly floated sectors in Mohali. The complainant went and had discussions with the OPs in their office where she was assured that it will be a world class project with all amenities and the plots would be handed over to the complainant within two years from the date of registration.
3.                   Accordingly, the complainant paid a sum of Rs.10,000/- vide receipt No.6368 dated 24.10.2013 which was adjusted towards membership charges. The complainant had agreed to purchase 100 Sq. yard plot @Rs.11,000/- per Sq. yard. Thus, the total cost of the plot was Rs.11,00,000/-.  Complainant has paid following amounts on different dates as demanded by the OPs:-

.

4.                                  A plot allotment agreement has been executed between the complainant and opposite parties on 24.04.2016 as Ex.C-3. Vide possession letter dated 17.01.2017, Plot No.389 in Sector 111-112 Mohali, was issued to the complainant by the OPs as Ex.-4.. Since the OPs have failed to deliver the possession, thus, the complainant is entitled to receive refund of the amount along with interest. The OPs have indulged in unfair trade practice and deficiency of service. It was a condition stipulated that the physical possession of the plot will be handed over not later than two years of the registration. The registration of the complainant was done on 24.10.2013. Thus, the delivery of the plot was to be made by 24.10.2015  accordingly the OPs have failed to deliver the possession even after the expiry of stipulated period i.e. 24.10.2013, which has resulted in deficiency in service on the part of the OPs.
5.                              Notice of this complaint was given to the OPs. It was found that Sh. Navneet Singh OP No.2, President of Sky Rocky City Welfare Society was in jail in criminal cases and he was also summoned by issuing Production Warrant. The OPs admitted that full amount of plot has already been paid and possession letter has also been issued to the complainant by the OP. The OP had undertaken to execute the sale deed within one month and the sale deed was executed and got registered by OP No.2/Sh. Navneet Singh in favour of complainant on 21.08.2019
6.                The complainant in his evidence has furnished his affidavit in support of the complaint and reiterating the facts contained in the complaint as receipts of payment  Ex.C-1 and Ex.C-2. He also proved copy of plot allotment agreement letter  for membership as Ex.C-3 and copy of possession letter as Ex.C-4.
7.                We have heard the counsel for the complainant and gone through the file.
8.                 From perusal of file, we find that Sh. Navneet Singh, President of Sky Rock City Welfare Society was in jail in the criminal case registered against him. He was summoned by the District Consumer Disputes Redressal  Commission, Mohali and Sh. Navneet Singh made statement on 04.02.2019 that the possession letter regarding the plot in question has been handed over to the complainant and sale deed of plot in question will be executed in favour of complainant within one month. He also stated that full amount of the plot has already been received by him from the complainant and the possession has been handed over to the complainant. The complainant also made statement on the same date i.e. 04.02.2019 that she has already paid amount of plot in question to OP and possession letter has already been issued in her favour. Sh. Navneet Singh has undertaken to execute sale deed within one month as such after execution of registration of that sale deed her claim will stand satisfied. Copy of sale deed available on the file shows that it was executed in favour of complainant and got registered from the Sub-Registrar, SAS Nagar Mohali regarding the plot in question on 21.08.2019. So the claim of complainant has become satisfied. Learned counsel for the complainant requested that the OP harassed the complainant physically and mentally, so, she must be allowed some compensation for the harassment and towards litigation expenses as the complainant was forced by the OP to start the litigation by filing present complainant.
9.                    In the circumstances, we find that some amount should be paid by the OPs to complainant. Accordingly the present complaint is allowed partly to the extent that OPs shall pay a sum of Rs.20,000/- as compensation for harassment and OPs are also directed to pay a sum of Rs.5,000/- towards litigation expenses. The compliance of this order be made by the OPs within a period of 60 days on receipt of certified copy of this order. The copy of this order be provided to the complainant and OP no.2 free of cost and copy of this order be sent to Navneet Singh, President, Sky Rock City Welfare Society (Regd.) through District Jail Ropar, where OP No.2 is in custody. The file be return back to the District Consumer Commission, Mohali for consignment.

 

 

 

 

Announced: 03.12.2021

                                                    

                                               

(Pushvinder Singh)

                                                                             President

 

 

                                                                            

(Shivani Bhargava)

                                                                             Member