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

Consumer Complaint No.576 of 2017

                                                Date of institution:  03.08.2017                                             Date of decision   :  05.03.2019

Sushil Kumar son of Shri Naresh Kumar, resident of House No.-, Village Sone Majra, Tehsil Rajpura, District Patiala, Punjab.

…….Complainant

Versus

1.     The Sky Rock City Welfare Society (Regd.), The Sky Rock City Welfare Society, Mohali, SCO No.672, First Floor, Phase-2, Mohali through its President Shri Navjeet Singh.

2.     Shri Navjeet Singh, President, The Sky Rock City Welfare Society, SCO No.668, Top Floor, Sector 70, Mohali.

3.     Mrs. Parminder Kaur, Secretary, The Sky Rock City Welfare Society, House No.248, United Coop. House Building Society Ltd., Sector 68, 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 Aditi Ratti, counsel for complainant.

                OPs ex-parte.

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

Order

               On getting information from OPs regarding requisite licenses/approvals got by them from concerned authorities, complainant after becoming member of OP No.1 society deposited Rs.10,000/- through cheque dated 30.01.2012 as membership fee. Thereafter 100 sq. yards of plot was booked by complainant on payment of Rs.81,000/- vide cheque dated 30.01.2012. Another amount of Rs.1,21,500/- more was deposited by complainant with OP No.1 on 24.07.2012. Agreed price of the plot was fixed @ Rs.8,100/- per sq. yard. As per terms and conditions agreed between the parties, in case the project does not go through or if the complainant does not wish to continue, then he after paying few installments will be entitled for refund of deposited amount with interest. Possession was to be handed over by 24.10.2014. Despite several visits to office of OPs and submission of representation, possession has not been handed over. After visiting site personally by complainant, he found as if no development work regarding basic amenities carried out. Rather site is lying vacant. Complainant got information as if the project has been declared illegal and that is why GMADA cancelled developers and promoters license of OPs. OPs not in a position to handover possession and that is why refund of deposited amount of Rs.2,12,500/- with interest @ 18% per annum from the dates of deposits till realisation claimed. Compensation for mental agony and harassment of Rs.50,000/- and compensation for deficiency in service of Rs.50,000/- as well as litigation expenses of Rs.50,000/- more claimed.

2.             OPs are ex-parte in this case.

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith document Ex.C-1 to Ex.C-8 and then closed evidence.  

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

5.             Deposit of Rs.10,000/- as membership fee by complainant with authorised representative of OP No.1 established by receipt Ex.C-1 dated 21.08.2011. Thereafter another amount of Rs.81,000/- was deposited by complainant with OP No.1 through receipt Ex.C-3 dated 24.10.2011 and another amount of Rs.1,21,500/- through receipt Ex.C-6 dated 24.07.2012. So complainant able to establish as if he has deposited Rs.2,12,500/- in all with OP No.1 for getting 100 sq. yards of plot. Copy of terms and conditions produced on record as Ex.C-2, C-4 and Ex.C-7. Demand of Rs.1,62,000/- was put forth by OP No.1 from complainant through letter Ex.C-5. However, no development carried on the spot and that is why complainant sought refund of deposited amount through letter Ex.C-8. Non carrying of development activity on the spot after acceptance of above referred amounts is an act of unfair trade practice due to which complainant entitled for refund of deposited amount with interest @ 12% per annum from the dates of deposits till realisation in view of law laid down by Hon’ble State Consumer Disputes Redressal Commission Punjab in CC No.716, 789, 835 etc. of 2017 titled as Mangal Singh Kondal & others Vs. Bajwa Developer & Another and First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another,  decided on 30.07.2018. 

6.             OP No.3 is Secretary of OP No.1 society whereas OP No.2 is President. All activities of OP No.1 to be carried through President, who is full incharge of the activities of OP No.1 and accepted payments on behalf of OP No.1 society. As such liability for refund remains of OP No.1 and 2 and not of OP No.3. OP No.3 being Secretary only to call meetings or to act as per directions issued by OP No.2. Being so, liability of OP No.3 for refund of amount does not remain because she is an agent of OP No.1. So, complaint is not maintainable against OP No.3.

7.             As a sequel of above discussion, complaint allowed by directing OP No.1 and 2 to refund the received amount of Rs.2,12,500/- (Rs. Two Lakhs Twelve Thousand Five Hundred only) with interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.25,000/-  (Rs. Twenty Five thousand only) and litigation expenses of Rs.5,000/- (Rs. Five thousand only) more allowed in favour of complainant and against  OP No.1 and 2. Complaint against OP No.3, however, is dismissed.   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

March 05, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member