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

                                  Consumer Complaint No.321 of 2015

                                                Date of institution:  09.07.2015                                                 Date of decision   :  09.05.2017

Amit Ghildiyal son of M.M. Ghildiyal presently residing in SF-1 Phase-1, Ashiana Complex, MDC, Sector 4 Panchkula, Haryana.

                                                                  ……..Complainant

                                        Versus

Sky Rock City Welfare Society (Regd.) SCO No.672, Sector 70, First Floor, Mohali, District SAS Nagar (Mohali) through its President/Authorised signatory.

                                                      ………. Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President 

Shri Amrinder Singh Sidhu, Member         

Present:    Shri Jai Pal Singh, counsel for the complainant.

                Ms. Sukhdeep Kaur proxy counsel for Shri Hittan Nehra, counsel for the OPs.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Amit Ghildiyal has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             In response to the advertisements of the OP for sale of residential plots in the project named as Sky Rock Welfare Society at Sector 111-112, SAS Nagar, the complainant approached  and booked 100 sq. yard residential plot with the OP  @ Rs.12,500/- per sq. yard.  The complainant paid Rs.10,000/- vide receipt dated 01.08.2011 towards registration/membership of the OP. Thereafter as per terms and conditions mentioned in the registration slip, the complainant deposit Rs.3,12,500/- on 27.12.2011; Rs.3,12,500/- on 05.04.2012; Rs.3,12,500/- on 30.06.2012 and Rs.75,000/- on 19.10.2012. In all the total complainant paid to the OP an amount of Rs.10,12,500/-. The OP also issued share certificate dated 29.06.2012 to the complainant. At the time of registration of the plot, the OP assured the complainant that the physical possession of the plot shall be handed over within two years from the date of registration. It was also assured that in case the applicant does not want to continue even after paying some installments, the OP will refund the entire amount with interest after one year from the date of registration.  The OP had also assured that the project is approved by the appropriate authorities and all approvals, clearances had been issued in the name of the OP. The complainant visited  the OP many times to enquire about the draw of lots of residential plots but the OP always postponed the matter on one pretext or the other by giving false assurances. Till date the possession of the plot has not been given to the complainant. The complainant has come to know that the project is not approved by the concerned authorities. The OP had also issued provisional allotment letter dated 23.01.2013 to the complainant whereas the project was not approved by the concerned authorities. As the OP has not started construction at the site, the complainant vide legal notice dated 12.05.2015 requested the OP to refund the deposited amount. However, despite of notice, the OP had not refunded the amount.

Hence this complaint for giving directions to the OP to refund to the complainant Rs.10,12,500/- alongwith interest @ 18% per annum from the dates of deposit till realisation;  refund Rs.10,000/- paid towards membership;  to pay him Rs.3,00,000/- for mental agony and harassment and Rs.25,000/- as costs of litigation.

3.             The complaint has been contested by the OP by filing reply in which it has been pleaded that the complaint is pre-mature and is not maintainable. The complainant has not approached this Forum with clean hands. On merits, it is pleaded that the OP held two draws on 01.04.2015 and 25.07.2015  about which public notice was given in the newspapers.  The plots had been allotted to its eligible members.  As per the provisional allotment letter issued to the complainant, the OP is liable to give the plot the complainant within 36 months from the date of allotment after the complainant had paid all of his payments alongwith other dues. Provisional plot number has been allotted to the complainant and the complainant had agreed to terms and conditions of the society.  Thus, denying any deficiency in service on his part, the OP has sought dismissal of the complaint.

4.             In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of receipts Ex.C-1 and C-2; cheque dated 19.10.2012 Ex.C-3 to C-5; share certificate Ex.C-6; provisional allotment letter Ex.C-7; legal notice dated 11.05.2015 Ex.C-8 and original postal receipt Ex.C-9.  In rebuttal, the OP tendered in evidence affidavit of Navjeet Singh its President Ex.OP-1/1 and provisional allotment letter Ex.OP-1.

5.             It has been argued by learned counsel for the complainant that the complainant had agreed to purchase plot of 100 sq. yard @ Rs.12,500/- per sq. yards and had paid a total sum of Rs.10,12,500/- to the OP but the possession of the plot has not been handed over to him.  Learned counsel further argued that the OP has accepted the payment from the complainant without having the requisite permissions/sanctions. Thus by selling the plot without the requisite permissions/sanctions the OP adopted unfair trade practice.  Learned counsel further argued that the OP had assured to handover the possession within two years from the date of registration but till date no construction activity has started at the site which amounts to deficiency in service on the part of the OP.

6.             On the other hand, learned proxy counsel for the OP has argued that  the  license  dated 06.05.2014 was issued/granted to the OP which is valid for three years  and the OP shall complete the development works within this period.  Learned counsel further argued no application for refund of the amount was received by the OP. Learned counsel argued that otherwise also if the requisition letter dated 12.05.2015 is admitted, the period of three years would expire on 11.05.2018. As such the present complaint is pre-mature and the complainant is not entitled to any of the amounts claimed in the complaint and the complaint is liable to be dismissed.

7.             We have gone through the pleadings, evidence and written arguments of the parties and heard the oral submissions, addressed by the learned counsel for the parties. Against the price of the plot, the complainant had paid an amount of Rs.10,12,500/-. The contention of the learned counsel for the OP that the receiving of amount from the complainant is justified as the GMADA has issued license dated 06.05.2014 in its favour which is valid for three years is not tenable. The complainant became member of the OP society by paying Rs.10,000/- as membership fee vide receipt 01.08.2011 Ex.C-1. The subsequent payments were also received by the OP during the years 2011 and 2012 as is evident from documents Ex.C-2 to C-5. The share certificate Ex.C-6 was also issued in favour of the complainant by the OP on 29.06.2012. The provisional allotment letter Ex.C-7 was also of dated 23.01.2013 whereas the license was issued by the GMADA in favour of the OP on 06.05.2014. Thus, by receiving the amounts from the complainant the OP has committed unfair trade practice. Therefore the complainant is entitled to refund of the amount so paid by him.   The Hon’ble State Consumer Disputes Redressal Commission in a latest decision in Ms. Sneh Sood Vs. M/s. Bajwa Developers Ltd. in Consumer Complaint No.240 of 2016 decided on 23.02.2017 has ordered refund of the deposited amount of the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund.

8.             Accordingly, in view of our aforesaid discussion, we direct the OP to refund the deposited amount of Rs.10,12,500/- (Rs. Ten Lakhs twelve thousand five hundred only) to the complainant alongwith interest @ 12% per annum from different dates of deposit of different amounts till the date of actual refund. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due the negligent act of the OP and litigation cost of Rs.10,000/- (Rs.Ten thousand only). The present complaint stands allowed.            

                The OP is further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 12% per annum from the date of this order till realisation.

                The arguments on the complaint were heard on 27.04.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 09.05.2017    

                                          (A.P.S.Rajput)                  

President

 (Amrinder Singh Sidhu)

Member