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

                                        Consumer Complaint No.14 of 2016

                                                Date of institution:  06.01.2016                                         Date of decision   :  02.08.2017

Devinder Singh son of Subhdev Singh resident of VPO Sihan Daud, Tehsil Payal, District Ludhiana. 

 ……..Complainant

                                        Versus

1.     Sky Rock City Welfare Society (Regd.), Site Office, 111-112, Near CGC College Landran, SAS Nagar, Mohali through its President Navjeet Singh.

2.     Navjeet Singh, President, Sky Rock City Welfare Society (Regd.), Site Office, 111-112, Near CGC College Landran, SAS Nagar, Mohali

                                                             ………. Opposite Party

Complaint under Sections 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President                          Shri Amrinder Singh Sidhu, Member.

Present:    Shri Pushpinder Kaushal, counsel for the complainant.

None for the OPs.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Devinder Singh has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant booked plot measuring 150 sq. yards with the OPs after becoming member of OP No.1 on 12.05.2011 vide Membership No.TC-1997.  The complainant had paid a sum of Rs.9,27,500/- to the OPs from 12.05.2011 to 23.06.2014. At the time of booking the plot, the OPs had assured that the possession of the plot would be delivered within two years of registration. The registration was done in the year 2011. The complainant had paid 90% of amount of the plot and only 10% is remaining to be paid. The last payment was paid by the complainant on 23.06.2014.  There is no development at the site.  The complainant had been approaching the OPs for delivery of possession or in the alternative to refund him the deposited amount.  The complainant also came to know that the Promoter Licence of the OPs has been cancelled by GMADA. Even an FIR No.86 dated 06.07.2011 was registered against the OPs at PS Phase-1, SAS Nagar. One of the victim like the complainant has sought information under RTI from GMADA from which it came to light that till date no license for the colony has been issued in the name of the OPs.   Hence the complainant has sought direction to the OPs to refund him the deposited amount of Rs.9,27,500/- alongwith compound interest @ 12% per annum from the dates of deposit till realisation; to pay him Rs.10.00 lakhs as compensation for mental harassment and agony and Rs.22,000/- as costs of litigation. 

2.             The complaint has been contested by the OPs by filing written statement. The Ops in the preliminary objections have pleaded that the complainant himself is guilty of concealing material facts from the Forum. On merits, the Ops have denied the averments of the complainant. The Ops have pleaded that the GMADA authorities vide letter dated 06.05.2014 issued the license in favour of the OPs society for developing the colony at Sector 111-112, SAS Nagar, Mohali. The work is in progressive stage and the society is going to deliver the possession of plots very soon. The Ops have thus sought dismissal of the complaint against them.

3.             In order to prove the case, the counsel tendered in evidence affidavit of the complainant Ex. CW-1/1; copies of application form Ex.C-1; terms and conditions Ex.C-2; receipts Ex.C-3 to C-10, FIR Ex.C-11 and RTI letter Ex.C-12. In rebuttal, the counsel for the OPs tendered in evidence affidavit of Navjeet Singh President Ex.OP-1/1; orders of Hon’ble National Commission Mark-A to Mark-C; copies of terms and conditions Ex.OP-1; application form alongwith terms and conditions Ex.OP-2 and license Ex.OP-3.

4.             The learned counsel for the complainant has argued that despite making payment of Rs.9,27,500/- vide receipts Ex.C-3 to 10, the possession of the plot was not handed over to the complainant within assured period of two years from 12.05.2011. Learned counsel has prayed that as there is no sign of development at the site and the complainant may be got refunded of his deposited amount alongwith compensation for mental harassment and agony as well as costs of litigation.

6.             None appeared for the OPs to address oral arguments despite several opportunities.  However, in the written arguments, it is stated that if the complainant does not want to continue, he can seek refund as per Clause 4 of Ex.OP-1 after three years of requisition and the entire amount would be refunded with 8% interest per annum. It is stated that the license has been issued to the OPs by GMADA vide letter dated 06.05.2014 which is valid for three years from 06.05.2014 to 05.05.2017.  It is stated in the written arguments that there is no deficiency in service on the part of the OPs and the complaint may be dismissed. 

7.             We have gone through the pleadings, evidence and written arguments of the parties and heard the oral submissions addressed by the learned counsel for the complainant. Against the price of the plot, the complainant had deposited with the OPs an amount of Rs.9,27,500/- vide receipts Ex.C-3 to C-10.  When the complainant learnt that the OPs does not have the approvals/sanctions from the competent authority for the project, he requested the OPs for refund of the amount.  The OPs have themselves admitted in the written arguments that the complainant can get refund of the amount. Since the OPs have not lead any evidence to prove that the construction work is going on at the site and the possession will be given to the complainant within a specific period, the complainant is entitled to refund of the amount so paid by him. The Hon’ble State Consumer Disputes Redressal Commission in a latest decision in Ms. Sneh Sood Vs. M/s. Bajwa Developers Ltd. in Consumer Complaint No.240 of 2016 decided on 23.02.2017 has ordered refund of the deposited amount of the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund.

8.             Accordingly, in view of our aforesaid discussion, we direct the OPs to refund the total deposited amount of Rs.9,27,500/- (Rs. Nine Lakhs Twenty Seven thousand Five Hundred Fifty only) to the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due the negligent act of the OPs and litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed.            

                The OPs are further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 12% per annum from the date of this order till realisation.

                The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 02.08.2017    

                                         (A.P.S.Rajput)           

President

        (Amrinder Singh Sidhu)

Member