DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.137 of 2016
Date of institution: 08.03.2016 Date of decision : 17.10.2017
Suresh Chand Verma resident of # 2146, Sector 37-C, Chandigarh 160036.
……..Complainant
Versus
The Sky Rock City Welfare Society (Regd.) Act XXII of 1860, SCO No.672, First Floor, Sector 70, SAS Nagar (Mohali) Punjab PIN 160055 through its President.
2nd Address:
The Sky Rock City Welfare Society, Mohali
The Sky Rock City Cooperative Housing Building Society (Regd.), SCO 26, First Floor, Phase-2, Mohali through its President.
3rd Address:
Sky Rock City Welfare Society,
United Co-op. House Building Society Ltd.
R/o House No.248, Sector 68, SAS Nagar (Mohali) through its President.
4th Address:
The Sky Rock City Welfare Society, Mohali
The Sky Rock City Cooperative House Building Society (Regd.), Banur Road, Back Side C.G.C. College, Landran, Sector 111-112, Mohali through its President.
………. Opposite Party
Complaint under Sections 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member.
Present: Ms. Anupam Sharma, counsel for the complainant.
None for the Opposite Party.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Suresh Chand Verma has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant became member of the OP society vide membership no.238 and paid Rs.5,000/- for allotment of a plot measuring 100 sq. yards at Mullanpur. Thereafter an amount of Rs.75,000/- was also paid by the complainant towards membership fee vide cheque dated 28.08.2011. The complainant further deposited Rs.60,000/- with the OP towards land cost vide cheque dated 07.07.2012. However, due to medical ailment of wife of the complainant and some family circumstances, the complainant wished to withdraw this amount from the OP. As per Clause-4 of the terms and conditions, the amount was to be refunded to the complainant alongwith interest @ 8% per annum. The complainant submitted application dated 04.06.2012 and 26.11.2012 for refund of the amount. The complainant also sent refund notice dated 19.10.2015 to the OP as the three years period was to expire on 25.11.2015 but nothing was heard from the OP. Even the legal notice dated 12.12.2015 sent by the OP has done nothing. Hence the complainant has sought direction to the OP to refund him the amount of Rs.1,40,000/- alongwith interest @ 8% per annum; to pay him Rs.50,000/- as compensation for mental agony and harassment and Rs.5,500/- towards cost of the complaint.
3. The OP appeared through counsel but failed to file written version within the stipulated period of 45 days. Hence in view of the decision of the Hon’ble Supreme Court dated 04.12.2015 in case titled as New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd., the complaint was proceeded further vide order dated 16.09.2016.
4. In order to prove the case, the complainant tendered in evidence his affidavit Ex.CW-1/1; copies of application form Ex.C-1; cheque Ex.C-2; receipt Ex.C-3; medical report Ex.C-4; terms and conditions Ex.C-5; demand letter Ex.C-6; letter Ex.C-7; notice for refund Ex.C-8; postal receipt dated 19.10.2015 Ex.C-9; legal notice Ex.C-10 and postal receipt Ex.C-11. The OP failed to tender evidence despite availing many adjournments, hence the evidence of the OP was closed by order on 15.05.2017.
5. The learned counsel for the complainant has submitted that the complainant booked a plot in the project of the opposite parties by paying Rs.5,000/- and Rs.75,000/-, as membership fee. Thereafter he deposited a sum of Rs.60,000/- with the OP towards cost of the land. Learned counsel submitted that due to medical problem, the complainant requested the OP to refund the amount as per condition No.4 of the terms and conditions Ex.C-5. Learned counsel has thus submitted that the OP has committed deficiency in service and unfair trade practice by not refunding the amount of the complainant.
6. We have given thoughtful consideration to the submissions of the complainant. The complainant became member of the OP by submitting application dated 08.08.2011 Ex.C-1 in which the payment of Rs.75,000/- vide cheque Ex.C-2 has been mentioned. The complainant has not produced any document showing payment of Rs.5,000/- to the OP towards membership fee. The size of the plot booked by the complainant with the OP is duly mentioned in the application Ex.C-1 as 100 sq. yards @ Rs.7,000/- per sq. yard. Thereafter, the complainant vide receipt No.1239 Ex.C-3 paid Rs.60,000/- to the OP towards cost of the plot. However, due to his medical problem, the complainant vide his letter dated 26.11.2012 followed by another letter dated 31.08.2015 Ex.C-7 sought refund of the amount from the OP as per condition No.4 of the terms and conditions Ex.C-5. Condition No.4 of the terms and conditions is reproduced here below:
“If the applicant doesn’t want to continue even after paying some installments, he will be refunded the entire amount paid with 8% interest per annum after three years from the date of requisition.”
7. The OP has not responded to the letters dated 26.11.2012 followed by another letter dated 31.08.2015 Ex.C-7 sent by the complainant through registered post. Even the legal notice sent by the complainant through counsel has not yielded any response from the OP. The OP appeared in this Forum but failed to file reply and evidence. The whole purpose of pleadings is to give fair notice to each party of what the opponent’s case is and to ascertain with precision the point(s) on which the parties argue and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made therein are deemed to have been admitted. No amount of evidence can be looked into upon a plea, which was never put forward in pleadings. As such, the evidence adduced by the complainant remains unrebutted.
8. The complainant is entitled to refund of Rs.75,000/- and Rs.60,000/- only alongwith interest @ 8% per annum from the date of requisition as per condition No.4 of Ex.C-5. The complainant for the first time vide his letter dated 26.11.2012 sought refund of the amount which was followed by another letter dated 31.08.2015 Ex.C-7. Although copy of the letter dated 26.11.2012 has not been produced on record but the complainant has duly mentioned about sending of this letter to the OP in his complaint in Para 5 and also mentioned about this letter in his subsequent letter dated 31.08.2015 Ex.C-5. Thus, the complainant became entitled to refund of the amount of Rs.1,35,000/- from the OP w.e.f. 25.11.2015 i.e. after three years from 26.11.2012.
9. Accordingly, in view of our aforesaid discussion, we direct the OP to refund the deposited amount of Rs.1,35,000/- (Rs. One Lac Thirty Five Thousand only) to the complainant alongwith agreed rate of interest @ 8% per annum w.e.f. 25.11.2015 till the actual date of refund. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due to the negligent act of the OP and litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed.
The OP is further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 8% per annum from the date of this order till realisation.
The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 17.10.2017
(A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
