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

Consumer Complaint No.880 of 2017

                                                   Date of institution:  24.10.2017

                                                   Date of decision   :  15.01.2019

Ankit Kumar son of Shri Darshan Kumar aged 32 years, resident of House No.5042, Sector 38 West, Chandigarh.

…….Complainant

Versus

1.     The Sky Rock City Cooperative House Building Society, SCO 672, First Floor, Sector 70, SAS Nagar Mohali through its President Shri Navjeet Singh son of Shri Daljit Singh.

2.     Managing Director, The Sky Rock City Cooperative House Building Society, SCO 672, First Floor, Sector 70, 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 Kishori Lal, counsel for the complainant.

                OPs Ex-parte.

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

Order

               Complainant booked one plot measuring 200 sq. yards for total sale consideration of Rs.19,00,000/- with OPs in the year 2011 by paying booking amount of Rs.10,000/- through receipt dated 22.12.2011. At the time of receipt of booking amount, the OPs told the complainant that they will handover possession of the plot within 4 years from the date of booking after completing/taking all the necessary approvals.  Thereafter an amount of Rs.1,90,000/- was paid by complainant to the OPs on 24.02.2012.  Thereafter in 2015 the complainant visited office of Ops for knowing about status of handing over of possession, but found that OPs started lingering on the matter on one pretext or the other and asked the complainant to come in the first week of January, 2016.  When approach made by complainant in January, 2016, OPs demanded Rs.2.00 lakh from complainant and also got executed agreement dated 29.01.2016 which was not signed by the OPs. Provisional allotment of Plot No.473 in Skyrock City Part 2 Mohali was made in favour of complainant. At that time it was told by OPs that the agreement as well as provisional allotment letter are nothing but just a formality, copies of whereof given to complainant just for reading and not for any other purpose. The complainant as well as his father visited OPs many times with the request to either deliver possession of the plot or in the alternative return the entire amount paid by complainant. The officials of OPs refused to handover possession of the plot when he visited OPs on 02.09.2017, rather they threatened the complainant with dire consequences. OPs had also refused to return amount of Rs.2.00 lakh paid by complainant.  So prayer made for directing OPs to refund the received amount of Rs.2,00,000/- with interest @ 18% per annum. Compensation of Rs.50,000/- and litigation expenses of Rs.21,000/- more claimed.

2.             OPs are ex-parte in this case.

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-5 and thereafter his counsel closed evidence.

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

5.             Complainant by submitting application form Ex.C-4 and depositing Rs.10,000/- through receipt Ex.C-1 became member of OP society and thereafter deposited Rs.1,90,000/- vide receipt Ex.C-2. Agreement dated 29.01.2016 Ex.C-3 shown to have been executed between OP and complainant but same has been signed by complainant only and not by anyone on behalf of OP society. Provisional allotment of plot No.473 in Sky Rock City Part-2, Mohali measuring 200 sq. yards was made in favour of complainant through Ex.C-5 but despite that OPs have not started the project. Rather complainant got knowledge on enquiries and after visiting the site as if OPs have not started construction work at the site for handing over of possession of the allotted plot to complainant. Acceptance of sale consideration of the plot after making false promise of delivery of possession, amounts to unfair trade practice and as such certainly complainant entitled for refund of paid amount with interest @ 12% per annum from the dates of deposits till payment in view of law laid 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.   

6.             As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.2,00,000/- (Rs. Two Lakhs only) with interest @ 12%  (Twelve) per annum with effect from the dates of deposits till payment. Compensation for mental harassment and agony of Rs.25,000/- 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

January 15, 2019

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member