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

Consumer Complaint No.434 of 2015

                                             Date of institution:  28.08.2015

                                             Date of decision   :  21.02.2018

Sukhwinder Singh aged about 36 years son of Narinder Singh, resident of H.No.2571, First Floor, Sector 37-C, Chandigarh.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.), SCO 372, First Floor, Sector 70, Mohali through its President Navjeet Singh.

2.     Navjeet Singh, President, Sky Rock City Welfare Society (Regd.), SCO 372, First Floor, Sector 70,  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 R.S. Sodhi, counsel for the complainant.

                OPs Ex-parte.

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

Order

               Complainant was allured by staff of the OPs that approvals from Governmental Authorities are underway and the project will have basic amenities within period of three years. The complainant deposited Rs.10,000/- vide cheque dated 13.12.2011 for becoming member of OP society. That amount was refundable security in equal proportion regarding which receipt-cum-membership No.R-459 dated 21.08.2011 was issued. First installment of 10% of the price amount of Rs.2.00 lakhs was deposited vide cheque dated 09.01.2012 drawn on State Bank of Patiala, Chandigarh, but thereafter second installment of 15% of worth of Rs.3.00 lakhs was deposited vide cheque dated 23.01.2012 drawn on State Bank of Patiala, Chandigarh. So Rs.5,10,000/- was deposited by complainant for purchasing plot of 250 sq. yards of area at rate of Rs.8,000/- per sq. yard. On repeated enquiries and visits by complainant to the site, it transpired as if there was no sign of progress made by the OPs towards allotment of plot. As per Clause-4 of terms and conditions of the agreement, possession was to be handed over physically not later than three years from the date of registration/requisition. Period of three years elapsed on 20.08.2014, but no progress done and as such complainant sought refund of the entire deposited amount of Rs.5,10,000/- with interest @ 24% per annum w.e.f.  21.08.2011 till actual payment. Compensation for mental harassment and agony of Rs.1.00 lakh and litigation expenses of Rs.21,000/- more claimed.

2.             In reply submitted by OPs, it is claimed that complaint is not maintainable in the present form; complaint is pre-mature; complainant has not approached this Forum with clean hands because he has suppressed material facts for filing this false and frivolous complaint. Cheque No.171963 of Rs.3.00 lakhs was drawn on 25.07.2012 as per reply. It is not denied that complainant became member of the society or he deposited amount of Rs.5,10,000/- in all. Other averments of the complaint denied.

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to C-3 and thereafter closed evidence.  Subsequently none appeared for OPs and nor any evidence produced and as such evidence of OPs was closed by order of 25.09.2017. However, cost of adjournment of Rs.500/- was imposed upon OPs vide order of 26.07.2017 for not tendering evidence. These costs even not paid.

4.             As none is appearing for the OPs regularly and as such OPs are proceeded exparte.

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

6.             Complainant through his affidavit Ex.CW-1/1 alongwith receipts Ex.C-1 to C-3 able to establish as if deposits of Rs.10,000/- as membership fee and charges on account of land cost of Rs.5.00 lakhs more paid to the OPs. So certainly complainant deposited Rs.5,10,000/- in all with the OPs for getting the plot in the project of the OPs. After going through Clause-4 in print endorsed on each of the receipts Ex.C-1 to C-3, it is made out that possession of the plot shall be physically handed over not later than three years of registration/requisition. That registration took place on submission of membership fee of Rs.10,000/- vide cheque dated 13.12.2011 and as such certainly the complainant was to get possession of the plot by 13.12.2014. However, contents of affidavit of complainant establishes that no work started on the site and if that be the position, then virtually OPs unable to handover physical possession of the plot even after lapse of period of three years, when computed from the date of registration. As fault lays with OPs in not handing over the possession after carrying on developmental activities on the spot and as such certainly complainant entitled for refund of entire deposited amount of Rs.5,10,000/- with interest.

7.             Complainant has not disclosed the date on which he sought refund of the deposited amount and nor he has mentioned the dates of visits to the site for finding as to when OPs became unable to fulfill promise of handing over of possession and as such allegations remain vague and general as to when the demand put forth for the first time for seeking refund of the amount paid by complainant to OPs. Being so, complainant entitled to refund of the paid amount with effect from the date of filing of this complaint namely 28.08.2015 with interest @ 12% per annum till payment. As virtually the amount collected by OPs on false allurement of developing the site and as such allowing of interest @ 12% per annum is appropriate. Complainant stood dragged in this litigation and he suffered mental harassment and agony and as such he is entitled to reasonable amount of compensation for mental harassment and agony and to litigation expenses.

8.             As a sequel of above discussion, complaint is allowed with direction to OPs to refund the received amount of Rs.5,10,000/- with interest @ 12% per annum with effect from the date of filing of complaint namely 28.08.2015 till payment. Compensation for mental harassment and agony of Rs.25,000/- and litigation expenses of Rs.5,000/-  more allowed in favour of complainant and against the OPs. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of order. 

                Since there is shortage of postal stamps in this Forum, therefore, the parties through their counsel are directed to receive free certified copy of the order by hand and it is the responsibility of the learned counsel for the parties to inform them accordingly.  This direction issued by following the principle laid down by Hon’ble  Punjab State Consumer Disputes Redressal Commission, Chandigarh in Consumer Complaint No.956 of 2017 titled as Partap Rai Sharma Vs. Greater Mohali Area Development Authority (GMADA), decided on 25.01.2018. File be indexed and consigned to record room.

Announced

February 21, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                                   (Amrinder Singh Sidhu)                                                                 Member

(Mrs. Natasha Chopra)

Member