DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.397 of 2015
Date of institution: 07.08.2015 Date of decision : 31.08.2017
Bhupinder Singh son of Pritam Singh, resident of House No.4502-B, Super MIG Flats, Sector 70, Mohali (Punjab).
……..Complainant
Versus
1. Sky Rock City Welfare Society (Regd.), Site Office, SCO No.672, 1st Floor, Sector 70, Mohali through its President Shri Navjeet Singh.
2. Navjeet Singh, President, Sky Rock City Welfare Society (Regd.), Site Office, SCO No.668, Top Floor, Sector 70, Mohali.
3. Mrs. Parminder Kaur, Secretary, Sky Rock City Welfare Society (Regd.), H.No.248, United Coop. House Building Society Ltd., Sector 68, Mohali.
………. Opposite Parties
Complaint under Sections 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President Shri Amrinder Singh Sidhu, Member.
Present: Ms. Rameet Bakshi, counsel for the complainant.
None for the OPs.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Bhupinder Singh has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant booked residential plot measuring 150 sq. yards @ Rs.12,500/- per sq. yard with the OPs and paid Rs.1,60,000/- and Rs.3,18,750/- vide two cheques. At the time of making the payments, the complainant was assured that the plot would be handed over to him within two years. The complainant was further assured that in case he does not want to continue even after paying some installment, he would be refunded the entire amount with interest after one year from the date of registration. It was also mentioned that the plot would be handed over physically not later than two years of registration/requisition. Receipt No.3517 dated 01.09.2011 for Rs.10,000/- was issued by the OPs and receipt No.7574 dated 16.03.2012 for Rs.4,68,750/- towards cost of land of the plot was also issued by the OPs. Alongwith the receipt dated 01.09.2011 terms and conditions were also issued by the OPs. However, different terms and conditions were also supplied with the receipt dated 16.03.2012. The complainant expressed his dissatisfaction but the OPs assured him that the terms and conditions of receipt No.3517 dated 01.09.2011 would be applicable to him. The complainant also made payment of Rs.4,68,750/- to the Ops vide receipt No.8297 dated 04.06.2012 towards third installment. The complainant approached the Ops for payment of third installment and he was assured that the development work is in full swing and the plot would be handed over to him in a short time. The complainant had paid a total sum of Rs.9,47,500/- to the OPs towards the sale consideration of the plot. The complainant came across a public notice issued by GMADA in the Hindustan Times newspaper dated 21.06.2012 wherein the name of the OPs was listed in the unauthorized colonies. Then the complainant frequently visited the OPs and requested the staff in the office of the OPs for refund of the amount but the staff members never accepted any letter from the complainant. The complainant also came to know that the OPs are collecting the money from the persons without having approvals from the appropriate authorities. The complainant visited the OPs and he was informed by the guard that the office of the OPs has been shifted to Sector 70, Mohali. The complainant went to the office of the OPs in Sector 70, Mohali but could not meet Mr. Navjeet Singh President of the OPs. The complainant then sent legal notice dated 25.06.2015 to the OPs; however, neither the OPs have replied to the legal notice nor refunded the amount. As per the information received from Registrar of Societies through RTI, the OPs cannot sell the plots to the customers. Till date the OPs have not refunded the amount to the complainant. Hence the complainant has sought direction to the OPs to refund him the deposited amount of Rs.9,47,500/- alongwith prevailing rate of interest from the dates of deposit till realisation; to pay him Rs.2.00 lakhs as compensation for mental tension, harassment and agony; to discontinue the unfair and restrictive trade practices; to award punitive damages and Rs.33,000/- as costs of litigation.
3. In response to the notice, Shri Vijay Karan Sandhu, Advocate appeared for the OPs on 29.09.2015 and sought time to file reply. The complaint was adjourned to 16.10.2015 for filing reply by the OPs. However, the OPs failed to file reply on 16.10.2015, 30.10.2015 and even on 09.11.2015 despite imposition of costs of Rs.500/-. Thus, vide order dated 09.11.2015 the complaint was proceeded further against the OP and was adjourned to 04.12.2015 for evidence of the complainant.
4. In order to prove the case, the counsel tendered in evidence affidavit of the complainant Ex. CW-1; copies of application form Ex.C-1; receipts dated 01.09.2011, 16.03.2012 Ex.C-2 & C-3; two cheques Ex.C-4 & C-5; statement of accounts Ex.C-6; receipt dated 04.06.2012 Ex.C-7; bank account statement Ex.C-8; newspaper cuttings Mark-A; legal notice dated 25.06.2015 Ex.C-9; two postal receipts Ex.C-10; copies of the pages of website of the OPs Ex.C-11; copy of information received from Registrar of Societies dated 22.07.2015 Ex.C-12; copy of information received from GMADA both dated 04.09.2015 Ex.C-13 and C-14; information received from Registrar of Companies dated 11.09.2015 Ex.C-15 and photographs Ex.C-16. The OPs failed to tender evidence despite availing several opportunities and imposition of costs. Hence, the evidence of the OPs was closed by order on 03.10.2016.
5. The learned counsel for the complainant has argued that as the OPs did not file the written version and the rebuttal evidence, thus it amounts to admission of all the averments of the complainant regarding deficiency in service on the part of the OPs. Learned counsel has further argued that the complainant had paid Rs.9,47,500/- to the OPs towards the sale consideration of the plot but when the complainant found that there was no construction activity taking place at the spot he sought refund of the amount. The complainant even sent a legal notice dated 25.06.2015 but inspite of that the amount has not been refunded to him. Neither the written arguments filed by the OP nor anybody appeared for the OPs to address oral arguments despite ample opportunities.
6. We have gone through the pleadings, evidence and written arguments of the complainant and heard the oral submissions addressed by the learned counsel for the complainant. Against the price of the plot, the complainant had deposited with the OPs an amount of Rs.9,47,500/- . When the complainant learnt that the OPs does not have the approvals/sanctions from the competent authority for the project, he requested the OPs for refund of the amount through his various visits to the office of the OPs followed by legal notice. The complainant has produced photographs Ex.C-16 to show that there is no construction activity taking placing at site. The OPs have failed to file the written defence version and further have not lead any evidence to prove that the construction work is going on at the site and the possession will be given to the complainant within a specific period, 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.
7. Accordingly, in view of our aforesaid discussion, we direct the OPs to refund the total deposited amount of Rs.9,47,500/- (Rs. Nine Lakhs Forty Seven Thousand Five Hundred only) to the complainant alongwith interest @ 12% per annum from the 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 OPs and litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed.
The OPs are 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 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: 31.08.2017
(A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
