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

Consumer Complaint No.973 of 2018

                                                Date of institution:  18.09.2018                                             Date of decision   :  17.12.2019

Sat Paul Garg son of Gokha Ram, resident of House No.12-F, Lane No.5, Majithia Enclave, District Patiala, Punjab.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.), Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali through its President Navjeet Singh.

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 complainant.

                OPs ex-parte.

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

Order

                OPs had been representing general public that on becoming member of OP society, concerned members will be eligible for allotment of plots and that is why complainant became member of OP society by depositing initial amount of Rs.10,000/- on 20.07.2011 so as to get plot measuring 100 sq. yards @ Rs.1100/- per sq. yard in Sectors 111-112, SAS Nagar (Mohali). Thereafter complainant had been depositing different amounts alongwith EDC charges, details of which are given in the following table:

                As complainant became eligible for draw of allotment of plots and as such he sought intimation from OPs about the draw though letters dated 20.04.2015, 17.02.2016, 08.08.2016 and 21.03.2017, but to no effect.  Complainant asked OPs in writing about the exact date, month and year as to when actual physical possession will be handed over to him, but to no effect. Complainant was shocked to know that OP No.2 was arrested by police in February, 2017 on complaints of other members of the society. Even complainant got information that OPs are unable to handover possession of plots to the allottees because GMADA refused to issue certificate regarding completion of development works on the site as OPs violated conditions laid down in Punjab Apartment and Property Regulation Act, 1995. Promoters license of OPs was cancelled by GMADA through publication dated 01.09.2018. OPs not in a position to handover possession and that is why by claiming that OPs adopted unfair trade practice, this complaint filed for seeking actual physical possession of the plot or in the alternative for refund of deposited amount of Rs.11,35,000/- 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.

2.             In reply filed by OPs, it is pleaded inter alia as if complaint not maintainable due to concealment of material facts. Complainant himself failed to comply with terms and conditions of allotment because he failed to deposit the amounts as per payment schedule. Payment receipts attached with the complaint are alleged to be forged and fictitious. OP No.1 and 2 are ready to handover possession provided complainant pays balance sale consideration. It is also claimed that aim and motive of OPs from the very beginning was to provide affordable housing to its non defaulting members by working on principle of no profit no loss basis. Terms and conditions of payment through installments were settled and complainant agreed to the same. Besides paying basic price, IDC and EDC charges even were payable by complainant, as per demands raised by GMADA and other Govt. authorities. Possession was to be handed over to the members on completion of installments. As complainant failed to pay the entire amount, and as such possession not handed over to him. It is claimed that complainant in connivance with other defaulting members lodged numerous false FIRs against OP No.2 for putting undue influence and pressure on him for compromising the matters pending before civil and criminal courts.

3.             Presence of OP No.2 Navjeet Singh secured by issue of production warrants because said Navjeet Singh was confined in District Jail, Ropar. Even Power of attorney filed by counsel, but thereafter despite grant of sufficient chances, affidavits/documents not filed and nor anyone appeared on behalf of OPs and as such  OPs were proceeded against exparte vide orders dated 13.11.2019.

4.             As per latest instructions of Hon’ble State Commission, parties need not be called upon to produce evidence, but the submitted affidavits and the self attested copies of documents can be considered for deciding the complaint and as such on assertion of counsel for complainant that no more documents to be filed except the one which have already been produced, arguments were heard and file scanned.

5.             Perusal of receipt Ex.C-1 shows deposit of Rs.10,000/- by complainant with OP society through its President on 20.07.2011 and likewise perusal of receipt Ex.C-2 dated 25.11.2011 shows deposit of Rs.2,75,000/- by complainant with OP society through its President. Perusal  of receipt Ex.C-3 shows deposit of Rs.60,000/- more by complainant in addition to amount of Rs.2,75,000/- mentioned in receipt Ex.C-2. Other receipts produced on record as Ex.C-6 to Ex.C-8, Ex.C-10, Ex.C-11, Ex.C-14 shows deposit of amounts referred in the above table by complainant with OPs. So certainly complainant able to establish as if amount of Rs.11,35,000/- deposited by him  with OPs on different dates and that is why share certificate Ex.C-9 was issued by OP society in favour of complainant for declaring that he is share holder with respect to 100 sq. yards of plot area. Provisional allotment letter Ex.C-12 was issued by OP society in favour of complainant regarding this 100 sq. yards of plot. As per Clause-13 of Ex.C-12 possession will be endeavored to be delivered to the members of the society within 36 months from the date of allotment, which as per Ex.C-12 is 04.10.2012. So certainly possession was to be handed over by 03.10.2015. However, that possession has not been handed over till date and that is why complainant submitted request Ex.C-15 dated 29.11.2014 for refund. Subsequent requests for refund Ex.C-16 and Ex.C-17 were also sent uptill 21.03.2017, but through public notice Ex.C-18 GMADA declared that license of OP society as promoter stood cancelled by competent authority vide orders dated 02.05.2018 through issue of notice dated 07.05.2018. In view of cancellation of promoter license of OPs, it is obvious that OPs not in a position to handover possession of the promised plot and as such certainly complainant entitled for refund of deposited amount with interest @ 12% per annum because of violation committed by OPs of provisions of Sections 6 and 12 of PAPRA Act  read with Regulation 17 thereof and also in view of law laid down by Hon’ble State Consumer Disputes Redressal Commission Punjab in CC No.716, 789, 835 etc. of 2017 titled as Mangal Singh Kondal & others Vs. Bajwa Developer & Another and First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another,  decided on 30.07.2018.   However, complainant is seeking interest @ 9% per annum only and as such virtually he has relinquished claim with respect of 3% per annum interest. There is no reason as to why complainant be not allowed demanded interest rate of 9% per annum. As complainant had been dragged in litigation by OPs for causing harassment and as such he is entitled for compensation for harassment and to litigation expenses also, but of reasonable amount.

6.             As a sequel of above discussion, complaint allowed by directing OPs to refund the received amount of Rs.11,35,000/-  (Rs. Eleven  Lakhs Thirty Five Thousand only) with demanded interest @ 9% (nine percent) per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.25,000/-  (Rs. Twenty Five Thousand only) and litigation expenses of Rs.5,000/-   (Rs. Five thousand only) more allowed in favour of complainant and against  OPs.  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

December 17, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member