DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.806 of 2017
Date of institution: 25.09.2017 Date of decision : 22.07.2019
Sumi Dhody daughter of Shri Inderjeet Singh Dhody, resident of House No.1593, Phase-10, Mohali.
…….Complainant
Versus
1. Sky Rock City Welfare Society (Regd.) – Developer of Housing Project by name ‘Sky Rock City Welfare Society’ through its President Sh. Navjeet Singh, registered office at SCO 672, Sector 70, Mohali.
2. Shri Navjeet Singh, President of the Sky Rock City Welfare Society, Site Office, Sector 111-112, Near GCG College, Landran, 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 B.J. Singh, counsel for complainant.
OPs ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant by keeping in mind rosy picture shown by OPs, applied for allotment of 200 sq. yards plot in project known as Sky Rock City Welfare Society in Sectors 111-112, SAS Nagar, Mohali. Complainant was registered as member, on which share certificate dated 26.03.2013 was issued. Provisional allotment letter dated 25.03.2013 regarding plot No.E-122 in the said project was issued in favour of complainant. Price of the plot was Rs.5,500/- per sq. yard. Thereafter complainant paid Rs.11,50,000/- to OPs, details of which are given below:
a) 20.03.2013 Rs. 10,000.00
b) 20.03.2013 Rs. 9,75,000.00
c) 15.03.2015 Rs. 1,65,000.00
Total: Rs.11,50,000.00
On participation in the draw of lots held on 01.04.2015, complainant was finally allotted plot No.516 and thereafter she approached office of OP No.2, but to no avail. After visiting site, it was found that no development work started at the site. On further enquiries, it transpired as if OPs had got approval from GMADA for a project of 25 acres of land and OPs have booked plots/flats accordingly, despite the fact that acquired land measures 5-7 acres only. By pleading deficiency in service on part of OPs, this complaint filed for seeking possession of the allotted plot or in the alternative for refund of deposited amount with interest @ 18% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.50,000/- and litigation expenses of Rs.22,000/- more claimed.
2. OPs filed written reply after lapse of period of 45 days which was allowed to be retained, vide orders dated 29.08.2018 passed in this complaint, but that order was set aside through orders dated 06.03.2019 passed in Revision Petition No. 73 to 76 of 11.12.2018 each by Hon’ble State Consumer Disputes Redressal Commission Punjab, Chandigarh in cases of Sumi Dhodhi Vs. Sky Rock City Welfare Society & others by holding that as written statement has been filed by OPs beyond statutory period and as such filed written statement ordered to be taken off the record. Being so no need to refer to contents of filed written statement of OPs.
3. Thereafter OPs did not appear and as such OPs were proceeded against ex-parte.
4. Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-10 and thereafter closed evidence.
5. Written arguments not submitted. Oral arguments heard and records gone through.
6. Counsel for complainant suffered statement on 18.06.2019 to the effect that OPs not in a position to deliver possession of the plot and as such complainant is seeking refund of amount with interest and cost of litigation expenses. So on these lines counsel for complainant argued that as OPs provided deficient services and adopted unfair trade practice because of non development of site with basic facilities of passages, sewerage and water works and as such deposited amount of Rs.11.50 lakhs should be ordered to be refunded, more so when there is violation of provisions of Sections 3 and 5 of PAPRA Act. Submission advanced by counsel for complainant in this respect certainly has force for the reasons hereinafter mentioned.
7. Copy of share certificate Ex.C-1 is produced on record to establish that complainant was declared as member of OP society, owing to holding of 200 sq. yards of plot share in Sky Rock City Welfare Society. Copy of provisional allotment letter Ex.C-2 also produced on record to establish that tentative price of plot allotted to complainant was @ Rs.5,500/- per sq. yard i.e. Rs.11.00 lakhs. Plot No.E-122 in said project situate in Sectors 111-112 in Mohali was allotted to complainant through Ex.C-2. Plot allotment agreement Ex.C-6 also was executed by OPs in favour of complainant on 01.04.2015 for showing that plot No.516 measuring 200 sq. yards was allotted to complainant at the above referred rate. Thus these documents establishes that OPs allotted plot of 200 sq. yards to complainant on price of Rs.11.00 lakhs after complainant became member of OP society.
8. Receipt Ex.C-3 establishes payment of Rs.10,000/- by complainant to OP on 20.03.2013, whereas receipt Ex.C-4 establishes deposit of Rs.9,75,000/- with OP on 20.03.2013, but Rs.1,65,000/- vide receipt Ex.C-5 dated 15.03.2015. So certainly complainant able to establish as if amount of Rs.11.50 lakhs was deposited by her with OPs on the above referred dates and as such virtually 100% of price of plot deposited by complainant with OPs. However, no development work carried on the spot because site on which plot to be carved out still lying barren in which bushes have grown up as revealed by contents of photographs Ex.C-8 to Ex.C-10. It is contended by counsel for complainant that no sewerage work, water works or electricity works carried on the spot and as such site is not fit for habitation at all. Rather it is vehemently contended that OP No.2 President of OP No.1 society, is in jail after having been convicted under Section 27 of Consumer Protection Act in some cases and he is not in a position to handover possession of the plot, owing to attachment of land under different pending executions and as such complainant entitled for refund of deposited amount. This submission advanced by counsel for complainant has force, more so when no letter shown to be issued by OPs to complainant to get possession of the site after showing that development works have been carried out as per terms of the agreement or allotment letter. Certainly Navjeet Singh, President is produced in different cases in custody in this Forum and as such OPs are not in a position to handover possession, more so when GMADA has already issued notice to OPs for cancellation of license. Keeping in view violation of Sections 3 and 5 of PAPRA Act committed by OPs in accepting amounts without sanctions from competent authorities, it is fit and appropriate to return the deposited amount with interest @ 12% per annum from the dates of deposit till payment, more so when Hon’ble State Consumer Disputes Redressal Commission Punjab has directed refund of deposited amount in such like cases with interest @ 12% per annum in view of Section 12 of PAPRA Act read with Regulation 17 thereof and even Hon’ble National Consumer Disputes Redressal Commission through Revision Petition No.815 of 2018 titled as M/s. Bajwa Developers Ltd. Vs. Ms. Neeru Thakur has upheld those findings vide composite order dated 25.09.2018 passed in Revision Petition No.815 to 820 of 2018.
9. As a sequel of above discussion, complaint allowed ex-parte in terms that OPs will refund the received amount of Rs.11,50,000/- with interest @ 12% per annum from the dates of deposit till payment. Compensation for mental agony and harassment of Rs.20,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against OPs. Payment of these amounts of compensation and litigation cost be made within 30 days from 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
July 22, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
