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

Consumer Complaint No.35 of 2018

                                               Date of institution:  04.01.2018                                             Date of decision   :  03.09.2019

Vishaw Vikrant Singh Gill son of Iqbal Singh Gill, H.No.230, Phase-1, Mohali.

…….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.

        (Currently lodged in District Jail, Ropar).

                                                        ……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri N.S. Jagdeva , counsel for complainant

                OPs ex-parte.

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

Order

               Complainant, purchased plot in re-sale from Ms. Rajinder Kaur having membership No.2049 @ Rs.9,000/- per sq. yard. Said Ms. Rajinder Kaur had paid Rs.6,75,000/- to OPs and thereafter share certificate was issued. On purchase of 150 sq. yards of plot by complainant from Ms. Rajinder Kaur, share certificate was transferred in the name of complainant. Rs.10,000/- were paid on  27.07.2012 by complainant on account of membership fee charges and also towards booking of plot. Complainant was informed that an amount of Rs.13,50,000/- will be charged as payable price of plot and possession of plot will be handed over within two years from the date of registration. Complainant paid Rs.16.00 lakhs to OPs, details of which given hereunder:

                Though payments were made by complainant well in time as per demand of OP society, but possession has not been delivered till date. Complainant after visiting site got knowledge as if basic infrastructure in the area even not provided because no development works carried on the spot. Demand of EDC/IDC charges was put forth by OPs vide written communication dated 05.08.2015 and the same amount even was paid vide cheque dated 09.09.2015. Complainant got knowledge from website of GMADA that license of OPs has been canceled by Punjab Govt. because of activities of OPs being in violation of Punjab Apartment Property Regulation Act, 1995 (hereinafter referred as ‘PAPRA Act’). OPs failed to keep its promise of handing over of possession of plot within stipulated period of two years. OPs were not having permission/license to develop colony in 2010-2011. Provisional allotment letter dated 15.12.2012 was handed over by OPs to complainant.  In fact this allotment is not an allotment in the eyes of law. As OPs not in a position to handover possession and that is why  this complaint for claiming refund of the paid amount of Rs.16,00,000/- with interest @ 12% alongwith compensation for mental harassment and agony of Rs.2.00 lakhs and litigation expenses of Rs.33,000/-.

2.             OPs failed to submit written reply despite grant of sufficient time and as such right of OPs to file reply was struck off.

3.             Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-17 and then closed evidence.   Thereafter none turned up for OPs and as such OPs were proceeded against ex-parte.

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

5.             Perusal of share certificate Ex.C-1 reveals that membership No.2049 was allotted to complainant in respect of 150 sq. yards plot area. Payment plan schedule Ex.C-2 also produced alongwith receipt Ex.C-3 for showing that earlier Ms. Rajinder Kaur was member of OP society. Copy of share certificate in favour of Ms. Rajinder Kaur produced on record as Ex.C-4. It was on application Ex.C-5 of Ms. Rajinder Kaur to OPs that intimation was given by said Ms. Rajinder Kaur to OPs for transferring the allotment rights in favour of complainant. This intimation Ex.C-5 is supported by affidavits Ex.C-6 and Ex.C-7 of complainant and that is why share certificate Ex.C-1 was issued in favour of complainant for enrolling him member of OP society. It was after such enrollment that complainant deposited amounts referred above through receipts Ex.C-8 to Ex.C-13. Thus this evidence available on record establishes that complainant deposited Rs.16.00 lakhs with OPs on different dates mentioned in receipts Ex.C-8 to Ex.C-13.

6.             Provisional allotment letter Ex.C-14 was issued in favour of complainant and thereafter demand of EDC and IDC charges put forth through letter Ex.C-15 due to which amount of Rs.1,12,500/- referred above was deposited by complainant with OPs through cheque Ex.C-16. Further letter Ex.C-17 for provisional allotment of plot was issued by OPs to complainant. However, contents of affidavit of complainant establish that no development activity carried on the spot and license of OPs has been cancelled by GMADA/Punjab Govt. Keeping in view those assertions of the affidavit of complainant, it is obvious that OPs not in a position to handover possession of allotted plot to complainant. Being so, complainant 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. In holding this view, we are fortified by the decisions given 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. 

7.             As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.16,00,000/- (Rs. Sixteen Lakhs 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

September 03, 2019

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member