DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.231 of 2018
Date of institution: 21.02.2018 Date of decision : 07.12.2018
Sunil Sharma son of V.P. Sharma, resident of # 3357, Sector 46-C, Chandigarh through authorised representative V.P. Sharma son of N.L. Sharma.
…….Complainant
Versus
The Sky Rock City Welfare Society Mohali, Site Office, Sector 111-112, Mohali through its President Navjeet Singh.
……..Opposite Party
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 Kulwinder Singh, counsel for complainant.
OP ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant, for getting residential house for own use and for use of family members, agreed to purchase plot from OP after becoming member on payment of Rs.5,000/- through receipt No.1236. As per terms and conditions of allotment of plot in Sector 111-112, Mohali of project of OP, if complainant do not want to continue even after paying installments, then he will be entitled for refund of the entire paid amount with interest @ 8% per annum after three years from the date of requisition. Total cost of the plot was Rs.11,25,000/- and the amount was payable in installments as per payment schedule handed over to complainant. Plot No.133 in Sector 111-112 having area of 250 sq. yards was allotted to complainant @ Rs.4,500/- per sq. yard vide provisional allotment letter dated 10.04.2014. OP unilaterally changed terms and conditions of possession by agreeing to handover possession of the plot within 36 months from the date of allotment, but even then failed to hand over possession of the plot until the stipulated date of 10.04.2017. Amount of Rs.12,05,000/- in all consisting of price of plot, EDC and IDC charges has been paid by complainant to OP, but despite that OP is not in a position to handover possession because permissions/approvals requisite for constructing colony have not been obtained from the concerned authorities including GMADA. Public notice by GMADA through The Tribune dated 28.02.2017 has been got published for cautioning general public not to indulge in purchase of plots/flats/commercial shops in any of the projects of M/s. Sky Rock Welfare Society because OP has indulged in unfair trade practice and cheated the public. Even promoter license granted to OP has been cancelled by GMADA. So by claiming that OP adopted unfair trade practice, prayer made for directing OP to refund amount of Rs.12,05,000/- with interest @ 18% per annum from the dates of deposits till realisation. Compensation for mental harassment and agony of Rs.2.00 lakhs and litigation expenses of Rs.75,000/- more claimed.
2. Though earlier OP appeared in person after being brought from jail, but thereafter he engaged counsel Shri Nikhil Ghai. This Shri Nikhil Ghai, Advocate neither filed reply and nor subsequently appeared and as such OP was proceeded against ex-parte.
3. Complainant in ex-parte evidence tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-15 and thereafter his counsel closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Payment schedule Ex.C-1 is produced on record to show as to how amount in 5 installments was to be paid. Copies of receipts Ex.C-2 to Ex.C-10 establishes as if amount of Rs.12,05,000/- has been deposited by complainant with OP and that fact even established by copy of ledger account statement Ex.C-11. As complainant by depositing membership fee became member of OP society and that is why share certificate Ex.C-12 was issued in his favour and thereafter provisional allotment letter Ex.C-13 was issued by OPs. Through Clause-13 of Ex.C-13, possession was agreed to be handed over within 36 months from the date of allotment and as such certainly submission advanced by counsel for complainant has force that possession was to be delivered by 10.04.2017. However, OP has not raised construction on the spot and nor it has obtained requisite sanctions. Rather approval granted in favour of OP has already been cancelled and Navjeet Singh, President of OP society is in jail in connection with fraud case and as such it is obvious that OP not in a position to abide by commitment of handing over of possession of plot/apartment, despite receipt of hefty amount of Rs.12,05,000/-. So certainly OP adopted unfair trade practice.
6. As OP committed fraud with complainant by not providing possession of the promised plot and retained money in illegal way, for utilizing the same as per its desire and as such in view of deprivation of complainant from using his 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 his being dragged unnecessarily in this litigation due to exclusive fault of OP.
7. As a sequel of above discussion, complaint allowed with direction to OP to refund the received amount of Rs.12,05,000/- (Rs. Twelve Lakhs Five Thousand 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
December 07, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
