Punjab

Fatehgarh Sahib

RBT/CC/1044/2018

Sh. Harpreet Singh - Complainant(s)

Versus

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

Tarun Malhotra

29 Mar 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                   RBT/CC/1044/2018

Complaint No. 1044 of 2018

                                                                   Date of Institution: 07.12.2018

                                                                   Date of Decision: 29.03.2022

 

 Harpeet Singh S/o  Mohinder Singh, R/o Ho No.19/B, Sector 44-A, Chandigarh.

                                                                                   …………....Complainant(s)

                                                Versus

1. Sky Rock City Welfare Society (Regd), SCO 672, First Floor, Sec-70, SAS Nagar Mohali.
2. Sky Rock City Welfare Society (Regd), Sector 111-112, SAS Nagar Mohali.
3. Sky Rock City, SCO 2,  First Floor, Phase-2, SAS Nagar, Mohali

 ..………........Opposite Party(s)

Complaint under Section 12 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Sh. Manjit Singh Bhinder, Member

Ms. Shivani Bhargava, Member

 

Present: Sh.Tarun Malhotra, counsel for complainant.

    Sh. P.S. Walia, counsel for OPs

Order By

Pushvinder Singh, President

 

1.                  The present complaint has been filed by the complainant against the opposite parties (hereinafter referred to as ‘OPs’) with a prayer to direct the OPs to return the amount paid by him along with interest, cost and compensation.
2.                   The complainant has alleged that the OPs induced the complainant by showing lucrative offers to purchase the plot in the Sky Rock City Welfare Society (Regd) at Sector 111-112, SAS Nagar. That on the inducement of the OPs, the complainant offer to purchase plot measuring 100 square yards in the Sky Rock Welfare Society(Regd.) at Sector 111/112, SAS Nagar Mohali. The complainant on the demand of OPs deposited an amount of Rs.10,000/- vide receipt No.3397 dated 01.08.2011 as Ex.C-1. The OPs assured the complainant that after becoming a member, he 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 he was assured that it will be a world class project with all amenities and the plots would be handed over to the complainant within five years from the date of registration i.e. in the month of August 2017.
3.                   Accordingly, the complainant paid a sum of Rs.10,000/- vide receipt no.3397 dated 01.08.2011 which was adjusted towards membership charges. The complainant had agreed to purchase 100 Sq. yards plot @Rs12,000/- per Sq. yard. The OPs also issued share certificate dated 13.04.2013  to the complainant as ExC-2.  Complainant has paid following amounts on different dates as demanded by the OPs towards cost of plot, EDC, TDC and PLC:-

 

 

Cash/Cheque No.                                                                        Amount

Receipt No.3397 dated 01.08.2011                                                    Rs.10,000/-

Cheque No.226121 dated 23.03.2012                                        Rs.3,00,000/-

Cheque No.226124 dated 25.07.2012                                         Rs.6,10,000/-                   

 

4.                 The complainant paid hefty amount to the OPs but till date they have not allotted any plot nor given any possession. Even the condition for possession of plot by the OPs was five years from the date of last installment i.e. in the month of August 2017 and the OPs were required to deliver the possession of the plot to the complainant within 5 years. Since the OPs have failed to deliver the possession, thus, the complainant is entitled for refund of the amount along with interest from the date of deposit of amount till its realization. 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 five years of the registration. The registration of the complainant was done on 01.08.2011 and the possession was to be given within 5 years from the date of last instalment of Rs.3,00,00/- i.e. in the month of August, 2017. Thus, the delivery of the plot was to be made by August, 2017. accordingly the OPs have failed to deliver the possession even after the expiry of stipulated period i.e. August, 2017, which has resulted in deficiency in service on the part of the OPs.
5.                       Notice of this complaint was given to the OPs. Sh. P.S. Walia, adv, counsel appeared for OPs and filed written statement on behalf of OPs stating that the present complaint is not maintainable as the complainant has concealed the material facts from the Hon’ble Commission and moreover the complainant has not performed his part of the contract entered with the society i.e. OP no.1 and complainant has not sought the relief of possession. As per terms and conditions entered upon by the complainant with OP No.1 the complainant was required to make the installments as per the schedule referred in Ex.D.1 but the complainant had failed to comply with the terms and conditions and has defaulted the payments and has withheld the said fact from this Hon’ble Commission. The payment receipts attached with the complaint are forged and fabricated one in connivance with other competitor of OP No.1 with a view to damage the reputation and the project of OP No.1 & 2. Even OPs are ready to hand over the possession of the plot/flat booked by the complainant, if the complainant is ready to make the remaining balance consideration amount as per the contract/agreement entered upon towards the purchase of plot/flat. The possession was to be handed over to the members when the terms and conditions were fulfilled and complete payment was to be made as per the schedule. But the complainant has not complied with the same due to which possession was not delivered and moreover repeated demands were made to the complainant from OP No.1 through various communications, but the complainant failed to comply with the same.  So, the OPs denied all other allegations of the complaint and prayed for dismissal of complaint.
6.                     The complainant in his evidence has furnished his affidavit in support of the complaint and reiterating the facts contained in the complaint as Ex.C-1/A and he also proved copies of receipts of payment as Ex.C-1, Ex.C-4 and Ex.C-6, copy of share certificate as Ex.C-2, copy of demand letters as Ex.C-3 and Ex.C-5 and copy of  legal notice as Ex.C-7.
7.                       We have heard counsel for parties through VC and gone through the file. The complainant has pleaded in the complaint and has also deposed by way of affidavit Ex.P-1/A that he became member of OP no.1 society and he made a total payment of Rs.6,10,000/- on different dates and he proved the copies of receipts of payments on the file as Ex.C-1, Ex.C-4 and Ex.C-6. But the possession of said plot was never given to the complainant nor any plot number allotted  by the OPs.
8.                     We also find that the plots were never carved out by the OPs nor any development was made. Even we find that there are number of complaints pending against the OPs and number of complaints have already been decided against them and they have been directed to return the amounts paid by the members of the society which were received by OPs with the assurance to provide a plot but the OPs never developed any residential colony. In some of the complaints, GMADA has been made party and GMADA has alleged that a public notice was issued in the newspaper that the licence provided to the OPs was cancelled by the competent authority.
9.                    Accordingly, we find that the OPs made false representation of the facts about the goods and services i.e. allotment of plot and delivery of possession in the stipulated period. The act and conduct of OPs are a clear case of misrepresentation which resulted in the injury and loss of opportunity to the complainant. The builder is under the obligation to deliver the possession of plot within a reasonable period. The complainant cannot be said to wait indefinitely to get possession of the plot booked from the facts and evidence brought on record of the complaint it is clearly made out that OPs knew from very beginning that they have not complied with the provision of PAPRA(Punjab Apartment and Property Regulation Act & Rules) and would not be able to deliver possession within the stipulated period, thus by misrepresentation in dues to the complainant to book the plot, due to which the complainant has suffered mental agony and harassment. In these circumstances the complainant is entitled to refund of the amount deposited by him along with interest and suitable compensation.
10.                    As per Rule 17 of the “Punjab Apartment and Property Regulation Rules, 1995, framed under Section 45 of PAPRA, it has been provided as under:-

              “17. Rate of interest on refund of advance money upon cancellation of agreement. -The promoter shall refund full amount collected from the prospective buyers under sub section (1) of Section 6 together with interest thereon at the rate of 12% annum payable from the date of receipt of amount so collected till the date of re-payment. :"

11.                      As a result of our aforementioned discussion, we accept the complaint of complainant and the OPs are directed to refund the amount of Rs.6,10,000/- to the complainant along with interest @12% from the date of payment till the date of refund. The OPs are also directed to pay a sum of Rs.25,000/- as litigation expenses. The compliance of this order be made by the OPs within a period of 45 days on receipt of certified copy of this order. The copy of this order be provided to the complainant and OPs free of cost. The file be return back to the District Consumer Commission, Mohali for consignment.

Announced: 29.03.2022

                                                             

(Pushvinder Singh)

                                                                            President

 

 

                                                                            

(Manjit Singh Bhinder)

                                                                             Member

 

                                                         

                                               

                                                                             (Shivani Bhargava)

                                                                             Member