DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.365 of 2015
Date of institution: 23.07.2015 Date of decision : 21.08.2017
Rajinder Singh Bedi son of Gurdial Singh, resident of Street No.1, Amar Colony, Baja Khana Road, Barnala (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 Mrs. Natasha Chopra, Member.
Present: Ms. Rameet Bakshi, counsel for the complainant.
None for the OPs.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Rajinder Singh Bedi 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 plot measuring 100 sq. yards @ Rs.12,000/- per sq. yard with the OPs and paid Rs.10,000/- in cash and Rs.3,00,000/- vide cheque receipts dated 01.08.2011 and 05.01.2012 were issued by the OPs. However, the terms and conditions mentioned on both the receipts were different. The complainant was informed by the OPs that the terms and conditions of receipt dated 01.08.2011 would be applicable to the complainant. As per these terms & conditions, if the applicant does not want to continue even after paying some installment he/they will be refunded the entire amount with prevailing interest per annum 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. An application form was also got filled up from the complainant by the OPs on 10.01.2012. In response to the demand letter dated 08.04.2012, the complainant paid Rs.3,00,000/- to the OPs vide receipt dated 15.04.2012. The complainant also paid Rs.75,000/- to the OPs vide receipt dated 01.08.2012 which was demanded by the OPs vide letter dated 21.07.2012. Thus the complainant paid a total sum of Rs.6,85,000/- to the OPs. Thereafter the complainant did not receive any demand letter from the OPs. The complainant also came to know that the OPs are collecting the money from him without having approvals from the appropriate authorities. 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 then sent registered letter dated 30.09.2013 to the OPs for refund of the amount. However, no reply was received by the complainant. The complainant visited the OPs on 22.05.2015 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 08.06.2015 followed by another legal notice dated 22.06.2015 to the OPs; however, the same were received back undelivered. 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.6,85,000/- 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.
2. The complaint has been contested by the OPs by filing written statement. The Ops in the preliminary objections have pleaded that the complainant himself is guilty of concealing material facts from the Forum. On merits, the Ops have denied the averments of the complainant. It is pleaded that the society and its members are bound by the agreement. According to clause 4 of the agreement, if the applicant does not want to continue even after paying some installments, he will be refunded the entire amount paid with 8% interest per annum after three years from the date of requisition. The Ops have thus sought dismissal of the complaint against them.
3. In order to prove the case, the counsel tendered in evidence affidavit of the complainant Ex. CW-1/1; copies of newspaper advertisement dated 08.01.2012 Ex.C-1; receipt dated 01.08.2011 Ex.C-2; receipt dated 05.01.2012 Ex.C-3; application form Ex.C-4; demand letter dated 08.04.2012 Ex.C-5; receipt dated 15.04.2012 Ex.C-6; letter dated 21.07.2012 Ex.C-7; receipt dated 01.08.2012 Ex.C-8; newspaper Mark A to Mark C; request letter for refund dated 27.09.2013 Ex.C-9; postal receipt Ex.C-10 and C-11; envelope Ex.C-12; legal notice dated 22.06.2015 Ex.C-13; postal receipt of the legal notice Ex.C-14; information under RTI Ex.C-15 and Ex.C-16 and pages of the website of the OPs Mark-D. 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 07.02.2017.
4. The learned counsel for the complainant has argued that as the OPs did not file 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.6,85,000/- to the OPs as per demand of the OPs but thereafter no demand was ever raised by the OPs as there was no construction activity taking place at the spot. Learned counsel has prayed that as there is no sign of development at the site, the complainant may be got refunded of his deposited amount alongwith compensation for mental harassment and agony as well as costs of litigation.
6. None appeared for the OPs to address oral arguments despite several opportunities.
7. 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.6,85,000/- . 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 letter and legal notice. The OPs have themselves admitted in the written statement that the complainant can get refund of the amount. Since the OPs 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.
8. Accordingly, in view of our aforesaid discussion, we direct the OPs to refund the total deposited amount of Rs.6,85,000/- (Rs. Six Lakhs Eighty Five Thousand 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: 21.08.2017
(A.P.S.Rajput)
President
(Mrs. Natasha Chopra)
Member
