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

                                  Consumer Complaint No.  31 of 2015

                                 Date of institution:          22.01.2015

                                                 Date of Decision:            23.07.2015

Smt. Saroj Bala wife of Jarnail Singh, resident of 1515/2 HIG Flats, Sector 43-B, Chandigarh.

    ……..Complainant

                                        Versus

The President, Sky Rock City, SCO 672, First Floor, Sector 70, Mohali.

………. Opposite Party

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:    Ms. Richa Indal, counsel for 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 Party (for short ‘the OP’) to:

(a)    refund her Rs.4,60,000/-  with interest thereon @ 24% per annum

(b)    pay her Rs.5,00,000/-  for harassment and costs of litigation.

                The case of the complainant is that she got herself enrolled with the OP as member by paying Rs.10,000/- as membership fee vide receipt No.3257.  The complainant deposited an amount of Rs.4,50,000/- with the OP vide receipt dated 25.11.2011 for booking of the plot.  After that the OP vide letter dated 17.03.2012 received by the complainant on 05.05.2012 demanded Rs.4,50,000/- from the complainant within 15 days i.e. by 31.05.2012 otherwise the allotment could be cancelled and amount refunded to the complainant.  The complainant went to the office of the OP on 17.05.2012 and intimated that she would not be able to arrange such huge amount in such a short time and surrendered her membership.  The OP has not intimated the complainant about acceptance of his surrender offer and also not refunded the amount to her.  The complainant approached the OP number of times to refund her the amount but inspite of legal notice dated 23.04.2014 the OP has not refunded the amount. With these allegations, the complainant has filed the present complaint.

2.             After admission of the complaint, notice was sent to the OP.  None appeared for it despite service, therefore, the OP was proceeded against exparte vide order dated 03.03.2015.

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.             We have heard learned counsel for the complainant and have also gone through the written arguments filed by the complainant.

5.             The case of the complainant she became the member of the OP society vide membership application dated 04.12.2011 Ex.C-1 and applied for 150 sq. yard plot and paid Rs.4.50 lacs alongwith the application form. No allotment letter has been issued to her whereas the OP has raised a demand of Rs.4.50 lacs vide letter dated 24.07.2012 Ex.C-4. Before receipt of said demand notice, the complainant had already intimated to the OP vide letter dated 17.05.2012 and surrendered the membership and sought refund of the deposited amount. As per the complainant the OP has not considered her request dated 17.05.2012 for refund of the amount followed by reminder dated 03.06.2013 duly acknowledged by the OP. Therefore, withholding of deposited amount and non refund of the same by the OP is an act of deficiency in service and unfair trade practice as the complainant being a consumer has availed the services of the OP being the seller and service provider for sale of fully developed 150 sq. yard plot.

6.             The perusal of record shows that the complainant is a member of the OP and has applied for 150 sq. yard plot which the OP has agreed to sell to the complainant @ Rs.12000/- per sq. yard. It is proved on record that the complainant has deposited Rs.4.50 lacs on 05.12.2011 as is evident from Ex.C-2 i.e. demand draft. The complainant further proved on record her request for surrender of membership and refund of the deposited amount as the same has been duly acknowledged by the OP as is evident from the office seal, signature and date of the OP appended on the request of the complainant Ex.C-5.  The complainant has proved from her affidavit that till date no refund has been received by her.  Therefore, the act of the OP of withholding the deposited amount despite having received and acknowledge the request dated 03.06.2013 is an act of unfair trade practice which is writ large on its part.  The complainant, therefore, is entitled to refund of the deposited amount alongwith interest and is further entitled to compensation for financial loss and mental agony which she has suffered due to the acts of omission of the OP as she has been deprived of the use and benefit of her valuable property.  The complaint deserves to be allowed and the complainant deserves to be compensated.

7.             The complaint, therefore, is allowed with the following direction to the OP:

(a)    to refund to the complainant Rs.4.50 lacs (Rs. Four lacs fifty thousand only) with interest thereon @ 12% per annum from the date of deposit till actual realisation.

(b)    to pay to the complainant Rs.25,000/- (Rs. Twenty five 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.                           

July 23, 2015.     

                             (Mrs. Madhu P. Singh)

                                                                        President

(Amrinder Singh)

Member

(Mrs. R.K. Aulakh)

Member