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

Consumer Complaint No.568 of 2017

                                                   Date of institution:  01.08.2017

                                                   Date of decision   :  09.08.2018

Tirath Ram son of Late Harbhajan Ram, resident of AE-39, Shalimar Bagh, New Delhi -110088.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.), Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali through its Secretary Parminder Kaur.

2.     Navjeet Singh, President of Sky Rock City Welfare Society, SCO 668, Top Floor, Sector 70, SAS Nagar (Mohali).

……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member

Present:     Shri A.K. Handa, counsel for the complainants.

                OPs Ex-parte.

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

Order

               On representation of OPs that development work of the project in Sector 111-112, SAS Nagar (Mohali) is in full swing, complainant booked one residential plot (in transfer case) measuring 100 sq. yards @ Rs.9,500/- per sq. yard with OPs on 21.07.2012 by submitting application dated 21.07.2012. Membership fee of Rs.10,000/- even was deposited by complainant. Transfer fee of Rs.50,000/- was charged by OPs from complainant. Amount initially paid in membership No.2181 through receipts was adjusted in transfer case for amount of Rs.7,12,500/- regarding which due acknowledgement was given by OPs by issue of receipt. Amount of Rs.1,42,500/- more was deposited through cheque dated 28.09.2012 on 10.09.2012. Rs.75,000/- deposited as EDC charges earlier by Amanpreet Singh in membership No.2181 even was adjusted by OPs by issuing acknowledgement receipt. No objection certificate regarding 90% payment of allotment price plus 75% of EDC even was issued by OPs alongwith share certificate. Provisional allotment letter on 06.10.2012 regarding Plot No.G-5 in Sector 111-112, SAS Nagar (Mohali) was issued. Second draw of allotment of plots was held on 25.07.2015 at JW Marriot and complainant was allotted Plot No.447 of 100 sq. yards in above said project. On demand of EDC and IDC charges, amount of Rs.75,000/- was deposited through cheque on 24.07.2015. Thereafter amount of Rs.1.00 lakh as EDC and IDC charges deposited in cash on 21.08.2015, qua which receipt was issued. Actual physical possession of the plot was to be delivered in July, 2014 i.e. within two years of becoming member by complainant of OP society on 21.07.2012, but till date possession has not been handed over. In all, complainant has deposited amount of Rs.11,65,000/- including EDC and IDC charges. On enquiry regarding status of handing over of possession, it transpired that OP No.2 has been arrested by police in February, 2017 on complaint of other members of the society and development work is not completed on the site at all. Before that, complainant approached OPs for enquiring regarding status of handing over of possession of the plot in September, 2015 and November 2015 also. Complainant has got knowledge that OPs unable to handover possession of the plot to the allottees because GMADA has refused to issue certificate regarding completion of development work and OPs have violated provisions of Punjab Apartment and Property Regulation Act, 1995. If possession of the plot would have been handed over to complainant in time, then he would have raised construction. Amount has been collected from complainant on false assurance of delivery of possession and as such by claiming that OPs adopted unfair trade practice and even provided deficient services, this complaint filed for seeking refund of paid amount of Rs.11,65,000/- with interest @ 9% per annum from the dates of deposits. Compensation for mental agony and harassment of Rs.2.00 lakhs and litigation expenses of Rs.25,000/- more claimed.

2.             OPs are ex-parte in this case.

3.             Complainant after tendering in evidence affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-16 and then closed evidence

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

5.             Complainant by submitting application form Ex.C-2 and depositing Rs.10,000/- through receipt Ex.C-3 became member of OP society and thereafter deposited amounts of Rs.50,000/-; Rs.7,12,500/-, Rs.1,42,500/-; Rs.75,000/-; Rs.75,000/- and Rs.1,00,000/- is a fact borne from produced receipts placed on record as Ex.C-4 to Ex.C-7, Ex.C-13 and Ex.C-14. These amounts were deposited in pursuance of received requisition and notice, copies of which are produced as Ex.C-11 and C-12 and Ex.C-8. Provisional allotment of Plot No.G-5 in Sector 111-112, SAS Nagar Mohali was made by OPs through letter Ex.C-10. Complainant vide request letter Ex.C-15 dated 17.06.2017 sought physical possession of the plot or refund of deposited amount. Complainant has deposited amount of Rs.11,65,000/- towards the  total sale consideration price and EDC/IDC charges, but despite that OPs have not started the project. Rather complainant got knowledge on enquiries and after visiting the site as if requisite sanctions have not been obtained and that is why project work could not be completed for handing over of possession of the allotted plot to complainant. Acceptance of hefty amount after making false promise of delivery of possession, amounts to unfair trade practice and as such certainly complainant entitled for refund of entire paid amount with demanded interest @ 9% per annum from the dates of deposits till payment. As none has come to contest on behalf of OPs and as such allowing of compensation for mental agony and harassment of Rs.20,000/- and litigation expenses of Rs.5,000/- will be appropriate.

6.             As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.11,65,000/- (Rs. Eleven Lakhs Sixty Five Thousand only) with interest @ 9% per annum with effect from the dates of deposits till payment. Compensation for mental harassment and agony of Rs.20,000/- and litigation expenses of Rs.5,000/-  more allowed in favour of complainants and against the OPs. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of 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

August 09, 2018.

                                                                (G.K. Dhir)

                                                                President

(Amrinder Singh Sidhu)

Member