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

Consumer Complaint No.925 of 2017

                                                   Date of institution:  31.10.2017

                                                   Date of decision   :  11.02.2019

1.     Suman Bala wife of Shri Inderjit Kumar.

2.     Inderjit Kumar son of Shri Chiman Lal.

        Residents of H.No.377, Sector 41-A, Chandigarh.

…….Complainants

Versus

1.     Sky Rock City Welfare Society (Regd.), Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali through its Secretary Parminder Kaur.

2.     Navjeet Singh, President of Sky Rock City Welfare Society, SCO 668, Top Floor, Sector 70, SAS Nagar (Mohali).

……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member

Present:     Shri A.K. Handa, counsel for the complainants.

                OPs Ex-parte.

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

Order

               Complainants, after becoming members of OP society, were to be allotted residential plot measuring 150 sq. yards in transfer case @ Rs.7,500/- per sq. yard in project of OPs situate in Sectors 111-112, SAS Nagar, Mohali.  Membership fee of Rs.10,000/- was deposited by complainants on 21.07.2011 and even they deposited Rs.2,81,250/- on the same date with OPs regarding which separate receipt was issued. Complainants were not allotted plot in the original memberships, but subsequently they were allotted plot in transfer case of membership No.1982 belonging to Ashima Bajaj wife of Suchet Monga. An amount of Rs.2,81,250/- through cash was deposited by complainants with OPs on 21.12.2011 and thereafter another amount of Rs.2,25,000/- was deposited vide cheque dated 31.03.2012. On request of complainants, OPs issued ledger statement of account of complainants as maintained by the society showing as if complainants have deposited Rs.5,97,500/- during period from 01.04.2011 to 31.03.2012. Another amount of Rs.1,12,500/- was deposited by complainants with OPs and thereafter Rs.56,250/- more deposited through cheque dated 24.09.2012. Provisional allotment letter regarding plot No.F-13 of 150 sq. yards of area in the said scheme of OP society was issued. Complainants approached OPs for getting possession, but OPs kept on lingering the matter on one pretext or the other. Complainants claim to have deposited Rs.11,25,000/- with OPs untill 31.03.2015. On such deposit, complainants became eligible for second draw of plots held on 25.07.2015 at JW Marriot Hotel. Provisional allotment of plot No.102 of 150 sq. yards of area in above project was issued in favour of complainants on 05.08.2015. OPs demanded EDC and IDC charges regarding Plot No.102 from complainants and that is why complainants deposited Rs.2,62,500/- on account of EDC and IDC charges through cheques dated 22.08.2015. Complainants claim to have deposited a sum of Rs.13,87,500/- including IDC and EDC charges in all. On approach to OPs in September, 2015, complainants got information as if development work is near completion and delivery of possession of plots will take place in November, 2015. OPs were requested to give in writing the exact date, month and year, on which physical possession will be handed over to complainants. However, later on OP No.2 to the knowledge of complainants was arrested by police in February, 2017 due to complaint submitted by other members of society. Complainants claim to have got knowledge as if development work has not been completed and GMADA has refused to issue certificate regarding completion of development works because of violation of provisions of PAPRA Act, 1995 committed by OPs. It is claimed that as OPs not in a position to handover possession and as such they must pay interest @ 9% per annum on the deposited amounts from the dates of deposits. Compensation for mental harassment and agony of Rs.2.00 lakhs and litigation expenses of Rs.25,000/- more claimed.

2.             OPs are ex-parte in this case.

3.             Complainants to prove their case tendered in evidence affidavit Ex.CW-1/1 of complainant No.1 alongwith documents Ex.C-1 to Ex.C-21 and thereafter their counsel closed evidence.

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

5.             Contents of receipts Ex.C-1 to Ex.C-3, Ex.C-7, Ex.C-9 to Ex.C-12 and Ex.C-21 as well as Ex.C-18 establishes that amount of Rs.14,22,500/- in all was deposited by complainants with OPs. Details of these amounts are given below:

6.             Even if these amounts have been deposited, despite that claim for membership fee of Rs.10,000/- and that of transfer cost of Rs.25,000/- has not been put forth through written calculation sheet submitted today in this Forum. So virtually claim for amount of Rs.13,87,500/- has been put forth by complainants against OPs. As possession of  plot has not been handed over despite assurance and as such there is no reason as to why this amount be not ordered to be refunded to complainants, more so when OPs not in a position to handover possession because of non carrying of any development activity on the spot.

7.             Ex.C-5 and Ex.C-6 are affidavits of Ms. Ashima Bajaj and Ms. Suman Bala showing as if complainants purchased the plot in question by way of transfer and as such on account of transfer of plot in name of complainants from original members, OPs not liable to refund of deposited transfer fee of Rs.25,000/- through receipt Ex.C-2. Copy of ledger account statement of complainants maintained by OPs produced as Ex.C-10 to show as if OPs acknowledged having received Rs.5,97,500/- from complainants during period from 21.07.2011 to 21.12.2011. Provisional allotment letter Ex.C-13 was issued in favour of complainants by OPs, which shows that complainants actually were entitled for 150 sq. yards plot area in Sky Rock City Welfare Society, Mohali. Result of draw Ex.C-15 is produced to show as if complainants have membership No.6037. Provisional allotment of Plot No.102 on the basis of membership registration No.6037 regarding 150 sq. yards of plot was issued in favour of complainants by OPs is a fact borne from contents of Ex.C-16. Demand of EDC and IDC charges was put forth from complainants through letter Ex.C-17 and that is why complainants deposited Rs.2,62,500/- with OPs through receipt Ex.C-18. Receipt of Rs.13,87,500/- projected by complainants through letter Ex.C-19. Claimed interest in this case is @ 9% per annum from the dates of deposits till payment and there is no reason as to why this claimed interest be not  allowed, more so when same is payable on FDRs now a days. As complainants stood mentally harassed due to non delivery of allotted plot, due to fault of OPs in not carrying out development activity and as such virtually complainants stood dragged to this litigation. Being so, entitlement of complainants for refund of claimed amount with interest and litigation expenses as well as compensation for mental harassment and agony is there.

8.             As a sequel of above discussion, complaint allowed with direction to OPs to refund claimed amount of Rs.13,87,500/- (Rs.Thirteen Lakhs Eighty Seven Thousand Five Hundred only) with demanded interest @ 9% per annum with effect from the dates of deposits 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.  Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

February 11, 2019

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member