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

Consumer Complaint No.283 of 2017

                                               Date of institution:  19.04.2017                                             Date of decision   :  30.11.2018

Sirmista Sharma wife of Mahinder Kumar Sharma, resident of House No.1847, Basant Vihar, Kalka, District Panchkula, Haryana.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh, Sky Rock City, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali.

2.     Navjeet Singh, President, Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh, Sky Rock City, Site Office 111-112, Near CGC College, Landran, SAS Nagar, 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 N.S. Jagdeva , counsel for complainant

                OPs ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant, for becoming member of OP No.1 society deposited amount of Rs.5,000/- as membership fee and thereafter got booked plot of 150 sq. yards @ Rs.9,000/- per sq. yard on 04.08.2011 by submitting application form for membership. Manager of OPs disclosed complainant at the time of booking as if OPs have all necessary permissions obtained from Punjab Govt./GMADA for the launched project. Even he agreed to arrange for loan from bank. However, complainant later on found that at the time of booking of plot, OPs misrepresented her regarding obtaining of requisite sanctions.  Complainant made payment of Rs.14,82,500/- in all, details of which given hereunder:

                Complainant made the payments well in time as demanded by the OP society. However, OPs failed in its promise to handover possession of the plot within stipulated period. As such the complainant asked for cancellation of allotment and refund of the amount, but nothing was done by the OP. Hence, this complaint filed for claiming refund of the paid amount of Rs.14,82,500/- with interest @ 18% from the dates of payment alongwith compensation for mental harassment and agony of Rs.3.00 lakhs and litigation expenses of Rs.33,000/- more claimed.

2.             OPs are ex-parte in this case, though earlier OPs appeared through counsel and presence of OP No.2 was obtained by issue of production warrants.

3.             Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-15 and then closed evidence.  

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             Perusal  of affidavit Ex.CW-1/1 alongwith that of receipt Ex.C-4 shows that complainant by depositing Rs.5,000/- became member of OP No.1 society and thereafter she deposited different amounts through receipts/cheques, copies of which are produced on record as Ex.C-5 to C-11. Complaint became member of OP society by submitting application form Ex.C-1 and share certificate issued by OPs is Ex.C-2. Price of plot of 150 sq. yards allotted through provisional allotment letter Ex.C-13 was fixed as Rs.13,50,000/-, but complainant has already paid total sale price of the plot including claimed amount of EDC and IDC charges by OPs vide demand notices dated 15.12.2015 and 09.09.2016 Ex.C-14  and Ex.C-15 and as such it is obvious that complainant has sticked to payment schedule as mentioned in Ex.C-3 and that is why she has paid 100% of the sale price.

6.             At item No.8 of details of payment mentioned in chart of Para No.6 of the complaint, it is claimed as if Rs.1,50,000/- through cheque No.472354 dated 04.08.2011  paid through agent Tejinder Singh in the names of cars. However, no person of name of Tejinder Singh shown as agent of OPs by producing any material on record. Rather, if payment of Rs.1,50,000/- through that cheque made in the names of cars through agent Tejinder Singh, then this means that said amount of Rs.1,50,000/- not paid by complainant to OPs, but same was for purpose of transaction of cars. Being so, amount of Rs.1,50,000/- has to be deducted from the alleged paid amount of Rs.14,82,500/-. So, payment of Rs.13,32,500/- alone is deposited by complainant with OPs. So entitlement of complainant for refund will be of this amount only.  

7.             As OPs committed fraud with complainant by not providing possession of the promised plot and retained money in illegal way, for utilizing the same as per their desire and as such in view of deprivation of complainant from using her hard earned money, entitlement of complainant for refund of deposited amount with interest @ 12% per annum from the dates of deposits till payment certainly is there in view of decision given by Hon’ble Punjab State Consumer Disputes Redressal Commission in First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another,  decided on 30.07.2018.  Complainant also entitled to compensation for mental harassment and agony and to litigation expenses because of her being dragged unnecessarily in this litigation due to exclusive fault of OPs.

8.             As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.13,32,500/- (Rs. Thirteen Lakhs Thirty Two Thousand Five Hundred only) alongwith interest @ 12% per annum from the dates of deposits 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  OPs.  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 30, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                       (Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member