DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI)
Consumer Complaint No. 636 of 2019
Date of institution: 03.05.2019 Date of decision : 01.08.2022
Vishal Paul son of Dharam Pal, resident of H.No.B-006/03223, Guru Teg Bahadur Nagar, Kharar, District Mohali.
…….Complainant
Versus
1. Sky Rock City Welfare Society (Regd.) SAS Nagar Mohali through its President Navjeet Singh, President Sky Rock City Welfare Society, 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, Punjab.
(Now currently lodged in New Jail, Nabha).
……..Opposite Parties
Complaint under Consumer Protection Act.
Quorum: Shri Sanjiv Dutt Sharma, President.
Ms. Gagandeep Gosal, Member
Present: Shri N.S.Jagdeva, counsel for the complainant.
None for the OPs.
Order dictated by :- Shri Sanjiv Dutt Sharma, President.
Order
The present order of ours will dispose of a complaint under the Consumer Protection Act, filed by the complainant (hereinafter referred to as ‘CC’ for short) against the Opposite Parties (hereinafter referred to as ‘OPs’ for short) on the ground that in the year 2009-2010, the OP society had launched a scheme of housing for giving plots to its members. The CC applied for 100 sq. yards plot, vide application form dated 26.08.2011 alongwith payment of Rs.10,000/-. The CC booked 200 sq. yards plot with the OP @ Rs.10,500/- per sq. yards at a total cost of Rs.10,50,000/- excluding EDC/IDC charges. It is averred that the possession of the plot was to be handed over within two years from the date of registration. As per the
Clause No.5 of terms and conditions supplied to the complainant, it was agreed that the OP would develop the land and allot the plots thereon alongwith other related infrastructure within 2 years. As per Clause No.4 it was also agreed that if the applicant does not want to continue even after paying some installments, then he will be refunded the entire amount, alongwith prevailing 8% interest PA on requisition. The Manager of the OPs informed the CC at the time of booking, that they have all the necessary permissions of Punjab Govt./GMADA to launch the project. However, the CC later on found that at the time of booking of plot the OPs misrepresented to him regarding obtaining of requisite sanctions. The CC made payment of Rs.8,72,500/- to the OPs in all from 03.05.2012 to 06.05.2012. The CC came to know that license of the OPs had been cancelled by the GMADA in 2015 itself. The CC visited the site in February, 2015 and came to know that the OPs have not even started making basic structures in the area. The CC has made all the payments well in time. However, the OPs failed to handover the possession within the stipulated period of two years from the date of registration. The CC asked the OPs for cancellation of the allotment and sought refund of the amount. However, later on the CC came to know from the official website of the GMADA that the license of the OPs, has been cancelled by Punjab Govt. and GMADA. The CC also came to know from print media that a fraud of Rs.1500 crores has been played upon general public by the OPs due to which Mr. Navjit Singh, President of the OP society has been lodged in Jail and even his request for quashing of the FIR has been dismissed by Hon’ble High Court of Punjab & Haryana. The OPs had failed to handover the possession of the plot within the stipulated period of two years. The CC visited the site office of the OPs and sought refund of the money, but no responsible person was found for redressal of grievance of the CC.
Thus, alleging deficiency in service on the part of the OPs, the CC has sought directions to the OPs, either to handover the possession of the plot alongwith complete amenities or in the alternative refund Rs.15,95,370/- (Rs.8,72,500/- principal plus Rs.7,22870/- as interest) alongwith interest @ 12% per annum from the date of deposits of amount till the date of refund. The CC has also sought Rs.1,00,000/- as compensation for mental and physical harassment and Rs.33,000/- as litigation expenses. The complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.
2. In reply filed by the OPs, a number of preliminary objections have been raised on the ground that the CC has concealed material facts and that the CC has failed to comply with the terms and conditions and has defaulted in the payments. It is further averred that the payment receipts attached with the complaint are forged and fabricated. It is further pleaded that the motive of the OPs was to provide affordable housing to its non defaulting members and the OP society is working on the principle of no profit no loss basis. The CC had agreed upon the terms and conditions before entering into agreement with the OPs The CC was required to pay the basic price of the plot alongwith IDC and EDC charges. It is further averred that the OPs are ready to handover the possession of the plot booked by the CC if the CC is ready to make the remaining balance consideration amount. On merits, the averments of the complaint have been denied and prayer made for dismissal of the complaint.
3. The CC in support of his complaint submitted in evidence his affidavit Ex.CW-1/1 and various documents Ex.C-1 to Ex.C-8. The OPs have not submitted any affidavit but submitted two documents only.
4. We, have heard counsel for the complainant and have gone through the file. None appeared for the OPs.
5. Since, the evidence of the CC is cogent, reliable, and trustworthy and unchallenged, we have no alternative except to believe the same. The CC became member of the OP society vide application Ex.C-1. The CC has produced various receipts Ex.C-2, C-4 to C-6 to prove that he has made payments to the OPs on various dates. The receipts are not specifically denied by the OPs in the affidavit. The CC vide his application dated 12.06.2017 Ex.C-7 requested the OPs to refund him the amount. Ex.C-8 is the public notice issued by GMADA in the newspaper, whereby the general public was intimated that license of promoter of the OP society was cancelled, vide order dated 02.05.2018 and the general public was advised not to indulge in any sale/purchase/transaction in respect of any plot/site/apartment in the unauthorized colony being developed by the OPs. It is on the file that no development activity has been carried out on the spot and as such it is obvious that OPs not are in a position to handover possession of the plot to the CC. As such the CC is entitled for refund of deposited amount with interest @ 12% per annum from the dates of deposits till payment because of violation of provisions of Section 6 and 12 of PAPRA Act, read with Regulation 17 thereof committed by OPs, as has been held by the 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. Accordingly the present complaint is allowed and the OPs are directed to refund to the CC the amount to the tune of Rs.8,72,500/- alongwith interest @ 9% per annum from the dates of various deposits till realisation. The OPs are further burdened to pay a consolidated compensation to the tune of Rs.25,000/- to the CC towards mental agony, harassment and cost of litigation. Compliance of this order be made by the OPs within 30 days from the date of receipt of free certified copy of the order. Certified copies of the orders be supplied to the parties as per rules. File be consigned to record in accordance with rules.
Announced
August 01, 2022
(Sanjiv Dutt Sharma)
President
I agree.
(Ms. Gagandeep Gosal)
Member
