BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI

                                  Consumer Complaint No.644 of 2014

                                 Date of institution:          05.11.2014

                                               Date of Decision:             26.06.2015

Anubha daughter of Rakesh Kumar, resident of Kothi No.195, Phase-2, SAS Nagar, Mohali (Punjab).

    ……..Complainant

                                        Versus

1.     M/s. Sky Rock City Welfare Society (Regd.), SCO 672, Sector 70, SAS Nagar Mohali (Punjab).

2.     Navjeet Singh son of Daljit Singh, President of M/s. Sky Rock City Welfare Society, resident of House No.248, United Cooperative House Building Society Ltd., Sector 68, SAS Nagar (Mohali).

………. Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

CORAM

Mrs. Madhu. P. Singh, President.

Shri Amrinder Singh, Member.

Mrs. R.K. Aulakh, Member.

Present:    Shri Rajiv Kumar, authorised representative of the complainant.

None for the OP.

(Mrs. Madhu P. Singh, President)

ORDER

                The complainant has filed the present complaint seeking following direction to the Opposite Parties (for short ‘the OP’) to:

(a)    refund the membership fee of Rs.10,000/-.

(b)    refund the amount of Rs.2,62,500/- paid as first installment.

(c)    pay Rs.10,00,000/- for harassment.

(d)    pay Rs.5,00,000/- as litigation charges.

                The complainant has pleaded in the complaint that she booked a plot of 100 sq. yards with the OPs on 26.06.2011 in Sector 111-112, Kharar Landran Road with the commitment by the OPs that the loan would be provided by them to the complainants within a period of 6 months from the date of booking. The total value of the plot was Rs.10,50,000/-. The complainant paid the booking amount of Rs.10,000/- vide cheque dated 20.06.2011 and first installment (25%) of Rs.2,62,500/- vide cheque dated 01.09.2011.  The complainant has pleaded that thereafter she had been visiting the OPs almost every month since 2011 for the bank loan and to provide copy of clearance report and other legal documents  but every time the Ops are giving wrong commitments.  The complainants sent notice dated 04.03.2014 to the OPs for refunding her the deposited amount but the OPs had not responded to the same.  Thus, on these allegations the complainant has filed the present complaint.

2.             After admission of the complaint, notice was sent to the OPs. Shri Hittan Nehra, Advocate appeared for the OPs on 15.12.2014 and filed power of attorney. The matter was adjourned to 19.12.2014 for filing written reply by the OPs. Reply was not filed rather the OPs moved two application for dismissal of the complaint on the ground (i) the complaint is pre mature and (ii) that there exists an arbitration clause in the terms and conditions governing the relationship between the parties and, therefore, the complaint is not maintainable. Both the applications were dismissed and thereafter the OPs have omitted to file any reply to the complaint and the complaint was proceeded against the OPs

3.             To succeed in the complaint, the complainant proved on record affidavit Ex.CW-1/1 and tendered in evidence documents Ex.C-1 to C-6.

4.             To rebut the allegations of the complainant, the OPs tendered the affidavit of Navjeet Singh Ex.OP-1/1 and thereafter no other document was tendered in evidence.

5.             We have heard authorized representative of the complainant and have also carefully gone through the case file. Neither the written arguments were filed by the OPs nor did anybody appear on their behalf to address the oral arguments.

6.             It is evident that the complainant is a Member of the society since 20.06.2011 and has paid the membership amount of Rs.5000/- vide Ex.C-1 and has further made various payments against the sale consideration of plot measuring 100 sq. yards @ Rs.10,500/- per sq. yards. In all the complainant has deposited a total sum of Rs.2,67,500/- vide Ex.C-1. As per terms and conditions mentioned on the overleaf of the receipt Ex.C-1 and C-2, the plot was to be handed over to the complainant not later than two years of the registration/requisition. The complainant is given liberty to work out from the scheme after seeking refund of the deposited amount alongwith prevailing rate of interest per annum after one year from the registration. The grievance of the complainant is that she was willing and ready to pay the outstanding amount as he has made request to the OPs to complete the formalities for arranging loan from the bank for balance payment as is evident from Ex.C-5 dated 23.01.2012 and Ex.C-6 dated 25.05.2012. Instead of providing her some assistance in this regard, the OPs have issued a fresh demand notice of payment of Rs.7,57,500/- to the complainant.  The complainant has not conceded to such demand and rather asked for refund of the deposited amount.  However, the OPs have neither completed the formalities, thus disabling her to arrange loan from the bank for making balance payment nor the possession of the plot has been handed over to her within two years as promised in the terms and conditions nor has returned the deposited amount alongwith interest despite making written request dated 04.03.2014 Ex.C-4 sent by registered post on 0.03.2014 in this regard. Thus, non delivery of the possession within the agreed time as well as non refund of the deposited amount is an act of deficiency in service.  Further the OPs have not even got the promoter license when they have collected the money from the complainant.

7.             The complainant has proved having made the payments to the OPs through Ex.C-1 a duly signed and stamped receipt dated 20.06.2011 issued by the OPs and the factum of receipt of these amounts is not denied by the OPs in their affidavit. The OPs have not produced any document on record to show that the area has been developed by them and further they have promoter license in their favour at the time of collection of money from the complainant.

8.             Therefore, the issue of dispute between the parties is non refund of the deposited amount. The complainant has deposited a total sum of Rs.2,67,500/- as part of the sale consideration of 100 sq. yards plot @ Rs.10,500/- per sq. yard alongwith  Rs.5,000/- as membership fee.  Since the OPs have failed to show anything on record regarding development of the area or the steps taken by them to seek permission/sanctions from the competent authorities and delay occurred therein which hampered them giving the possession of the plot to the complainant within two years from the date of registration, the complainant is well within his right to get the refund of the deposited amount as a part of sale consideration. As per terms and conditions mentioned in the receipt Ex.C-2 the complainant is entitled to the refund of the deposited amount alongwith prevailing interest per annum after one year from the registration.  As per OPs affidavit the complainant is entitled to refund of the deposited amount alongwith interest @ 8% per annum from the day they receive the written request in this regard. Admittedly the complainant has sent the written request seeking refund of the deposited amount vide Ex.C-4 sent to the Ops vide registered post, the receipt of the said request is not denied by the OPs in its affidavit. Therefore, the presumption is drawn in favour of the complainant that the said written request has been duly served to the OPs. Once the written request dated 04.03.2014 is in the knowledge of the OPs, still they have chosen not to refund the deposited amount per se shows the unfair trade practice and deficiency in service writ large on their part. Therefore, the complaint deserves to be allowed and the complainant deserves to be compensated.

9.             Thus, the complaint is allowed with the following directions to the OPs to:

1. to refund to the complainant Rs.2,67,500/- (Rs. Two lacs sixty seven thousand five hundred only) deposited as a part payment against sale of 100 sq. yard plot at the promised rate of Rs.10,500/- per sq. yard. The said amount be refunded to the complainant alongwith prevailing rate of interest per annum w.e.f. 12.09.2012 i.e. after one year of the date of registration Ex.C-3 till realization.
2. to pay a lump sum compensation of Rs.50,000/- (Rs. Fifty thousand only) for mental agony, harassment and costs of litigation.

                Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order.  Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

June 26, 2015.   

                            (Mrs. Madhu P. Singh)

                                                                        President

                                                        (Amrinder Singh)

Member

(Mrs. R.K. Aulakh)

                                                                                        Member