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

Consumer Complaint No.427 of 2017

                                                Date of institution:  19.06.2017

                                                Date of decision   :  26.09.2018

Satinder Kaur d/o Late Shri Bagadur Singh, resident of Opposite Railway Workshop, Guru Ram Das Nagar, Gwal Mandi, Putlighar, Amritsar.

…….Complainant

Versus

M/s. Sky Rock Welfare Society, SCO No.672, First Floor, Sector 70, SAS Nagar

…..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member.

                Mrs. Natasha Chopra, Member.

Present:     Shri Mohan Singh Bedi, cl. for the complainant.

                OP Ex-parte.

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

Order

               Complainant, after going through advertisements in different newspapers got published by OP, approached OP society for having plot measuring 150 sq. yards in its project situate in Sectors 110-111-112, Mohali. Membership fee of Rs.5,000/- was deposited alongwith prescribed application form and thereafter 25% of the cost price of the plot was deposited. In all, total amount of Rs.14,67,500/- was deposited by complainant on different dates. That amount also includes EDC and IDC charges.  Plot No.88 was allotted to complainant vide letter dated 01.04.2016. Physical possession of the plot was to be handed over within two years. Despite receipt of amount of Rs.14,67,500/-, possession of the plot has not been handed over despite issue of letters and legal notice. Rather it is claimed that the construction of the project is not carried out by OP and as such by pleading deficiency in service on part of OP, prayer made for directing OP to handover physical possession of Plot No.85 referred above or in the alternative to refund the received amount of Rs.14,67,500/- with interest @ 24% with quarterly rest. Compensation for mental harassment and agony of Rs.2.00 lakhs and litigation expenses of Rs.50,000/- as well as compensation for deficiency in service of Rs.2.00 lakhs more claimed.

2.             OP is ex-parte in this case.

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

4.             Written arguments not submitted by complainant, but oral arguments heard and records gone through.

5.             Counsel for complainant suffered statement on 26.09.2018 itself that complainant presses for claim for alternative relief for refund, but not of possession. So now relief claimed remains with regard to refund of the deposited amount.

6.             Receipts Ex.C-1 to C-4 alongwith Annexure of Ex.C-3 establishes that actually complainant has deposited Rs.14,67,500/- with OPs including membership fee of Rs.5,000/-. Cost price of the plot to be got by complainant was Rs.13,50,000/-, but complainant has deposited amount in excess of that because of the deposit of extra amount on account of EDC and IDC charges. In view of 100% deposit of price amount by complainant, it was duty of OP to hand over the possession by reasonable time. Last of the deposit was made on 13.08.2015, but despite that project work has not been started by OP and as such non delivery of possession of plot to complainant was due to fault exclusively attributable to OP. Being so, entitlement of complainant for refund of the paid amount with interest @ 12% per annum from the dates of deposits is there, particularly when complainant adhered to payment schedule plan and deposited the entire cost price of the plot plus EDC and IDC charges. Refund of the amount in such circumstances with interest @ 12% per annum should be from the dates of deposits. As none has come to contest the proceedings, so reasonable amount of compensation for mental harassment and agony and litigation expenses should be allowed.

7.             As a sequel of above discussion, complaint allowed ex-parte with direction to OP to refund the received amount of Rs.14,67,500/- (Rs. Fourteen Lakhs Sixty Seven Thousand Five Hundred only) with interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.20,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against  OP.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

September 26, 2018.

                                                                (G.K. Dhir)

                                                                President

                                                                   (Amrinder Singh Sidhu)                                                                 Member

(Mrs. Natasha Chopra)

Member