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

Consumer Complaint No.249 of 2018

                                               Date of institution:  23.02.2018                                             Date of decision   :  30.11.2018

Suresh Kumar Tikko son of Prithvi Nath Tikko, R/o # 25/A, Rajouri Garden, Barewal Road, Ludhiana.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh, Sky Rock City, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali.

2.     Navjeet Singh, President, Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh, Sky Rock City, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali.

        (Now currently lodged in Central Jail, Patiala with a prayer to serve through Jail Superintendent, Central Jail, Patiala).

                                                        ……..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 N.S. Jagdeva, counsel for complainant

                OPs ex-parte.

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

Order

               Complainant, after becoming member of OP No.1 society on deposit of Rs.10,000/- through cheque as membership fee was provided plot of 150 sq. yards @ Rs.8,000/- per sq. yard. So, total sale price of the plot was Rs.12.00 lakhs. Promise was made by OPs for developing infrastructure on the site and thereafter to handover the possession of allotted plot. As per terms of the agreement, in case complainant does not want to continue even after paying some installments, then he will be entitled for refund of the entire amount alongwith prevailing interest after one year of registration. Terms and conditions are not traceable. Though at the time of booking of plot, Manager of OPs disclosed complainant that all necessary permissions/licenses from Punjab Govt./GMADA for launching the project have been obtained, but that assurance was false because complainant after making enquiries in March, 2013 got knowledge as if such sanctions/approvals/licenses/permissions for development of the colony have not been obtained. OP society was not having any land in Mullanpur for their project and virtually that project was in the air, but despite that huge amounts collected from the public for cheating them. Fraud case was registered against Mr. Navjeet Singh due to which he is lodged in jail. Even petition for quashing of FIR has been dismissed by the Hon’ble Punjab and Haryana High Court. Possession of the plot not handed over within stipulated period of two years and nor till today and as such by claiming that OPs adopted unfair trade practice, this complaint filed for seeking refund of the deposited amount of Rs.3,10,000/- with interest @ 12% from the dates of deposits, till refund. Compensation for mental harassment and agony of Rs.1.00 lakh and litigation expenses of Rs.22,000/- more claimed.

2.             OPs are ex-parte in this case, though earlier OPs appeared through counsel and presence of OP No.2 was obtained by issue of production warrants.

3.             Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-4 and then closed evidence.  

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

5.             Perusal  of affidavit Ex.CW-1/1 alongwith that of receipt Ex.C-1 shows that complainant by depositing Rs.10,000/- became member of OP No.1 society and thereafter he deposited different amounts through receipts, copies of which are produced on record as Ex.C-3 and C-4.

6.             As OPs committed fraud with complainant by not providing possession of the promised plot and retained money in illegal way, for utilizing the same as per their 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 OPs.

7.             As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.3,10,000/- (Rs. Three Lakhs Ten 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

November 30, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                       (Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member