DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.651 of 2017
Date of institution: 28.08.2017 Date of decision : 15.11.2018
Savinder Kaur wife of Ram Phal, resident of House No.2, Ward No.3A, Adarsh Colony, Balongi, District Mohali.
…….Complainant
Versus
1. Sky Rock City Welfare Society (Regd.) site office, Backside GCG College Landran, Tehsil Kharar, District SAS Nagar, Mohali through its President.
2. Shri Navjeet Singh, President, Sky Rock City Welfare Society (Regd.) site office, Backside GCG College Landran, Tehsil Kharar, District SAS Nagar, Mohali (presently lodged in Central Jail Patiala).
2nd Address:
R/o House No.248, United Society, Sector 68, Mohali.
3. Mrs. Parminder Kaur wife of Shri Navjeet Singh, General Secretary, Sky Rock City Welfare Society (Regd.) r/o House No.248, United Society, Sector 68, Mohali.
……..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 Vikram Goswami, counsel for complainant.
OP No.1 and 2 ex-parte.
Complaint against OP No.3 has already been withdrawn.
Order by :- Shri G.K. Dhir, President.
Order
Complainant was assured that possession of plot in Sky Rock City Welfare Society project of OPs will be handed over to her within 2 years of booking of plot and that is why she became member of OP society by paying membership fee for booking of 100 sq. yards plot for total sale price of Rs.10,50,000/-. Complainant paid Rs.10,000/- on 26.06.2011 and further amount of Rs.2,62,500/- on 01.09.2011 through receipts issued by OPs. As per terms and conditions, entire payment except membership fee of Rs.10,000/- is refundable in case physical possession of the plot not handed over within two years of registration. Despite stipulation in agreement, possession has not been offered to complainant within the stipulated period. Complainant claims to have paid 25% of the land cost, but the OPs failed to obtain necessary approvals from the competent authorities and even failed to carry out development work at the site. On account of this, complainant could not apply for loan from the bank though she submitted application dated 24.02.2014 with OP No.1 for help for obtaining loan from the bank. No action was taken on this application by OPs. Even after lapse of two years, OPs have not done anything and they are not in a position to deliver possession of plot and as such by pleading that OPs adopted unfair trade practice, this complaint filed for seeking refund of paid amount of Rs.2,72,500/- with interest @ 19% (compounded quarterly) alongwith compensation for mental harassment and agony etc. This complaint filed after serving legal notice dated 27.05.2017 and after finding that no development work carried on the spot till date.
2. Complaint against OP No.3 was withdrawn by counsel for complainant by suffering statement in that respect on 15.06.2018 and as such order was passed accordingly regarding withdrawal of complaint against OP No.3 on 15.06.2018 itself. OP No.1 and 2 are ex-parte in this case.
3. Complainant to prove her case tendered in evidence her affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-6 and thereafter her counsel closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Perusal of affidavit Ex.CW-1/1 alongwith application membership form Ex.C-1 and receipt of payment of Rs.10,000/- Ex.C-2 establishes that complainant became member of OP society for having share of 100 sq. yard of residential plot in its project and thereafter she deposited Rs.2,62,500/- more through receipt Ex.C-3. Complainant submitted application Ex.C-4 (received by OPs on 24.02.2014) for praying OP No.2 to help her in arranging for loan, so that the balance amount may be deposited by complainant with OPs. However, nothing has been done on this application Ex.C-4 and as such certainly fault lays with OP No.1 and 2 in not helping complainant to obtain loan, so as to make payment of balance amount to OP No.1 and 2. For this fault of OP No.1 and 2, complainant liable to be compensated by way of allowing of interest on the already deposited amount of Rs.2,72,500/- @ 12% per annum w.e.f. 24.02.2014 till payment. Complainant took no steps for arranging for money for making balance payment of price amount of Rs.10,50,000/- and as such fault lay with complainant untill 24.02.2014 in not sticking to payment schedule. Only 25% of the sale consideration amount alone has been deposited in this case and as such very minor part of the agreed sale consideration amount has been deposited.
6. 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 applicable to the facts of the present case in so far as entitlement of complainant for interest upto 24.02.2014 is not held. However, after 24.02.2014, the date of submission of application Ex.C-4, fault lay with OP No.1 and 2 in not taking action, as discussed above, and as such OP No.1 and 2 are liable to pay interest @ 12% per annum on the already deposited amount w.e.f. 24.02.2014 till payment.
7. As complainant has been dragged in unnecessary litigation due to fault of OP No.1 and 2 in not developing the project and getting requisite approvals from competent authorities and as such complainant also held entitled to compensation for mental agony and harassment and to litigation expenses. Liability of OP No.1 and 2 for payment of the due amounts will be joint and several.
8. As a sequel of above discussion, complaint allowed against OP No.1 to 2 only with direction to them to refund received amount of Rs.2,72,500/- (Rs. Two Lakhs Seventy Two Thousand Five Hundred only) with interest @ 12% per annum w.e.f. 24.02.2014 (date of filing of application Ex.C-4), 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 No.1 and 2. Liability of paying the amount of compensation and litigation costs of OP No.1 and 2 will be joint and several. 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
November 15, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
