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

Consumer Complaint No.944 of 2018

                                                Date of institution:  11.09.2018                                                  Date of decision   :  15.10.2019

Vivek Joshi aged about 47 years son of Satpal Joshi, resident of # 245, Purani Sarai, Khanna, District Ludhiana.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.) Developer of Housing Project by name “Sky Rock City Welfare Society” through its president Sh. Navjeet Singh, Registered Office at SCO 672, Sector 70, Mohali.

2.     Shri Navjeet Singh, President of Sky Rock City Welfare Society, Site Office Sector 111-112, Near G.C.G, College Landran, 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 S.K. Joshi, counsel for complainant.

                OPs Ex-parte.

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

Order

                Complainant after going through advertisements of OP Society through which rosy picture was shown, applied for 150 sq. yards of plot in the project known as Sky Rock City Welfare Society in Sector 111-112, SAS Nagar, Mohali. Complainant was registered as member of OP society regarding which share certificate dated 09.07.2012 was issued. Letter dated 08.04.2012 for payment of 25% installment was received by complainant regarding allotment of residential plot. Price of that plot was Rs.12,000/- per sq. yard. Payment schedule even was disclosed to complainant. Complainant made payments towards price of the plot as per details given below:

                Complainant visited site and came to know that development work has not been started at the site. On further enquires, complainant got knowledge as if OPs have obtained approvals from GMADA for the project of 25 acres of land. Complainant further got knowledge that CLU granted to OPs has been cancelled by concerned authorities because OPs enrolled more number of members than available plots. Public notice through The Tribune dated 28.02.2017 even was got issued by GMADA. As OPs are not in a position to handover possession of the plot and as such by pleading deficiency in service on part of OPs, prayer made for directing OPs to handover possession of the plot or in the alternative to refund deposited amount of Rs.11,10,000/- with interest @ 18% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.1.00 lakh more claimed.

2.             Navjeet Singh President of OP Society called in this Forum by issue of production warrants and thereafter some talk for settlement continued, but same failed. Thereafter none turned up for OPs and as such OPs were proceeded against ex-parte.

3.             Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-14 and thereafter closed evidence.

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

5.             Perusal of share certificate Ex.C-1 shows that complainant after being enrolled as member of OP society was assured of getting a plot. Payment plan schedule Ex.C-2 and the receipts of deposits/copies of cheques Ex.C-3 to Ex.C-8 are produced on record to show deposit of amounts by complainant with OPs.

6.             Vide receipt Ex.C-3 dated 01.08.2011 amount of Rs.10,000/- was deposited with OPs, but vide receipt Ex.C-4 dated 06.06.2012 amount of Rs.2.00 lakhs and through receipt Ex.C-5 dated 25.04.2012 amount of Rs.2,50,000/- were deposited by complainant with OPs. Deposit slip Ex.C-12 also shows as if amount of Rs.4,60,000/- was deposited through 4 cheques, numbers of which are mentioned in Ex.C-12 itself. Copies of these cheques are available on record Ex.C-7 and Ex.C-8. Virtually Ex.C-12 and Ex.C-14 is one and the same thing. Receipt Ex.C-6 shows deposit of Rs.4,50,000/- by complainant with OPs on 05.01.2012. Request Ex.C-9 was submitted by complainant with OPs for calling upon them to put his name in the first draw. Legal notice Ex.C-10 through postal receipt Ex.C-11 even was issued. Complainant after visiting site came to know as if no development activity carried on the spot. Further on enquiries, complainant came to know as if CLU license of OPs has been cancelled and as such certainly OPs not in a position to handover possession till date.  So deficiency in service on part of OPs is there. As complainant is seeking possession of plot as per assurance given by OPs and as such certainly claim of complainant deserves to be accepted in that respect alongwith alternative prayer for refund of deposited amount with interest @ 12% per annum in view of violation of provisions of Section 3 and 6 of PAPRA Act, 1995 because amounts accepted without getting requisite approvals. Even law laid down by 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  provides that for   violation of Sections 6 and 12 of PAPRA Act, refund of deposited amount should be ordered with interest @ 12% per annum from the dates of deposits till payment. Ratio of these cases fully applicable to the facts of the present case. As complainant stood mentally harassed and as such he is entitled to compensation for mental agony and harassment and also to litigation expenses, but of reasonable amount because interest even was shown by OPs during proceedings to handover possession to complainant, though number of plot, the possession of which was to be handed over, not disclosed.

7.             No other point argued.

8.             As a sequel of above discussion, complaint allowed with direction to OPs to handover possession of the plot within 60 days from the date of receipt of certified copy of the order, failing which to refund the received amount of Rs.11,10,000/- with interest @ 12% per annum from the dates of deposits till payment.  Compensation for mental agony and harassment of Rs.25,000/- and litigation expenses of Rs.5,000/- 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

October 15, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member