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

Consumer Complaint No.444 of 2017

                                              Date of institution:  30.06.2017

                                              Date of decision   :  30.08.2018

Yogesh Kapoor son of Sukhdev Raj Kapoor, resident of H.No.543-B, Harinder Nagar, Sirhind Road, Patiala, Punjab.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.), SCO No.672, Sector 70, First Floor, Mohali, District SAS Nagar, Mohali through its President/Director/Authorised Signatory Navjeet Singh.

2^nd Address

        Sky Rock City, Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali.

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

2^nd Address

        Sky Rock City, Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali.

……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:   Shri Amrinder Singh Sidhu, Presiding Member

                Mrs. Natasha Chopra, Member.

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

                OPs Ex-parte.

Order by :-  Shri Amrinder Singh Sidhu, Presiding Member.

Order

                Complainant, on representation of OPs to the general public regarding development works in full swing, booked residential plot measuring 100 sq. yards @ Rs.9,500/- per sq. yard in project situate in Sector 111-112, SAS Nagar Mohali on 08.06.2011 by paying membership fee of Rs.5,000/- through receipt.  Thereafter following payments were made by complainant to OPs:

                Complainant became member of OP society on 08.06.2011. Amount of Rs.11,10,000/- in all including EDC/IDC charges had been deposited by complainant with OPs by June, 2015. Possession was promised to be delivered by December, 2015, but despite assurance possession has not been delivered till date. Complainant got knowledge 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. 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. 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.11,10,000/- with interest @ 9% per annum from the dates of deposits. Compensation for mental agony and harassment of Rs.3.00 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-14 closed evidence

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

5.             Complainant by  submitting application form Ex.C-1 and depositing Rs.5,000/- through receipt Ex.C-2 became member of OP society and thereafter deposited amounts of Rs.95,000/-; Rs.1,42,500/-; Rs.1,50,000/-; Rs.87,500/-; Rs.1,00,000/-; Rs.1,00,000/-; Rs.1,55,000/-; Rs.1,00,000/- ; Rs.1,75,000/-  is a fact borne from produced receipts/cheque and cheque placed on record as Ex.C-3 to Ex.C-6, Ex.C-8 to Ex.C-11 and Ex.C-14. Share certificate Ex.C-7 was also issued by the OPs to the complainant.  Provisional allotment of Plot No.253-A in Sector 110-112, SAS Nagar Mohali was made by OPs through letter dated 03.08.2015 Ex.C-12.   The amounts EDC/IDC charges were shown to be deposited in pursuance of received intimation and requisition notice, copy of which is produced as Ex.C-13. The complainant has deposited amount of Rs.11,10,000/- 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 to the complainant the received amount of Rs.11,10,000/- (Rs. Eleven Lakhs Ten 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 complainant 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 30, 2018.

(Amrinder Singh Sidhu)

Presiding Member

(Mrs. Natasha Chopra)

Member