Punjab

Fatehgarh Sahib

RBT/CC/520/2018

Rita Rani Goyal - Complainant(s)

Versus

SKYROCK CITY - Opp.Party(s)

Jaswinder Singh

07 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                    RBT/CC/520/2018

Complaint No. 520 of 2018

                                                                   Date of Institution:11.05.2018

                                                                   Date of Decision: 07.12.2021

Rita Rani Goyal, W/o Sh. Parvinder Kumar Goyal R/o 128, St. No.8, North Avenue, Bhadson Road, Patiala.

                                                                                       …………....Complainant

                                                Versus

1. Sky Rock City, SCO-2, First Floor, Phase-2, Mohali, Punjab, 160059, through its President Navjeet Singh.

 

2. Navjeet Singh, President of Sky Rock City, SCO-2, Mohali, Punjab, 1600059, R/o Kothi No.148, United Society, Sec-68, SAS Nagar, Mohali.

 

3. Sh. Gurpreet Singh S/o Sh. Surinder Singh R/o #7770/5, Sirhind Road Patiala opposite FCI Godowns, agent of Sky Rock City.

..………....... Opposite Parties

Complaint under Section 11/14 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Sh. Manjit Singh Bhinder, Member

Ms. Shivani Bhargava, Member

 

Present: Sh. B.C. Saini, counsel for the Complainant.

      Sh. P.S. Walia, counsel for the OPs

Order By

Pushvinder Singh, President

 

1.                 The present complaint has been filed by the complainant against the OPs (opposite parties), with a prayer to direct the OPs to return the amount paid by her along with interest, cost and compensation.
2.                   The complainant has alleged that complainant is a member of the Sky Rock City Welfare Society Mohali, she availed the housing services of the OPs for allotment of a plot. The complainant had purchased this plot for her own family residence purpose. The plot was not purchased for commercial purpose or for resale purpose. Thus, the complainant is a consumer of OPs as per section 2(1)(d) of CP Act. In the year 2009-10 society had launched a scheme of housing by giving plot to its members. The complainant had deposited Rs.10,000/- as a membership fee vide membership Regn. No.500 dated 21.10.2011 to the OPs, which is enclosed herewith as Ex. C-1
3.                     The complainant after enrolment of her membership booked one 150 Sq. yards plot with OPs and deposited Rs.1,21,500/- receipt no.916 dated 21.10.2011 and Rs.1,82,500/- receipt no.1390 dated 24.07.2012 total Rs.3,14,000/- was paid to the OPs for the plot. OPs assured her that they would hand-over the possession of the plot very soon. At the time of booking of plot complainant was allured by the Manger of OPs who represented to the complainant that OPs had all the necessary permissions of Punjab Govt/GMADA to launch the project. He even agreed to arrange bank loan. He tried every means to get money from the complainant.           
4.                     It is clear from the above that Rs.3,14,000/- has been paid to OPs. The complainant had made all the payments well on time as demanded by the society from time to time. The complainant approached the OPs many times and requested for the delivery of the plot, but the OPs assured that the plot booked by the complainant will be handed over to them very soon. The complainant went to the site and found that there was no plot at the said site. So, OPs failed in its promise to handover the possession of the plot within the stipulated period. The complainant requested OPs for cancellation of allotment and refund of Rs.3,14,000/-. However, the OPs returned an amount of Rs.1,25,000/- out of Rs.3,14,000/- but refused to return the balance amount of complainant. Thus, the complainant is entitled to receive refund of the balance amount along with interest @24% per annum. The OPs have indulged in unfair trade practice and deficiency of service. It was a condition stipulated that the physical possession of the plot would be handed over within the stipulated period, accordingly the OPs have failed to deliver the possession, which has resulted in deficiency in service on the part of the OPs.
5.                        The complainant has made a prayer that the OPs may be directed to cancel the booked plot and may directed to refund Rs.1,89,000/- the money of complainant along with 24% interest on the deposit till the date of refund and Rs.1,00,000/- towards compensation.. Complainant also prayed that OPs may burdened with cost of Rs.2,00,000/- on account of damages.
6.                     Notice of this complaint was given to the OPs and Sh. P.S. Walia advocate appeared for OP No.1 and 2. It was also found that Sh. Navneet Singh President of Sky Rock City Welfare Society was in jail in criminal cases and he was also summoned by issuing Production Warrant. Sh. P.S. Walia, Adv, counsel appeared for OPs and filed written statement on behalf of OPs stating that the present complaint is not maintainable as the complainant has concealed the material facts from the Hon’ble Forum and moreover the complainant has not performed his part of the contract entered with the society i.e. OP no.1 and complainant has not sought the relief of possession. As per terms and conditions entered upon by the complainant with OP No.1 the complainant was required to make the installments as per the schedule referred in Ex.D.1 but the complainant had failed to comply with the terms and conditions and has defaulted the payments and has withheld the said fact from this Hon’ble Forum. The payment receipts attached with the complaint are forged and fabricated one in connivance with other competitor of OP No.1 with a view to damage the reputation and the project of OP No.1 & 2. Even OP no.1 and 2 are ready to hand over the possession of the plot/flat booked by the complainant, if the complainant is ready to make the remaining balance consideration amount as per the contract/agreement entered upon towards the purchase of plot/flat. The possession was to be handed over to the members when the terms and conditions were fulfilled and complete payment was to be made as per the schedule. But the complainant has not complied with the same due to which possession was not delivered and moreover repeated demands were made to the complainant from OP No.1 through various communications, but the complainant failed to comply with the same.  So the OPs denied all other allegations of the complaint and prayed for dismissal of complaint. OP no.3, Sh. Gurpreet Singh appeared in person and filed his reply.
7.                     The complainant has proved in evidence her affidavit in support of the complaint and also produced copy of receipt of membership as Ex.C-1, copies of payment receipts as Ex.C-2 and Ex.C-3.
8.                     The complainant by way of affidavit produced in support of complaint has reiterated the facts contained in the complaint and has also deposed and proves the copies of receipts as Ex.C-1 and copies of payment receipts which he deposited a total sum of Rs.3,14,000/-. But the possession of plot was never given to the complainant. Even we find that there are number of complaints pending against the OP no.1 and 2 and number of complaints have already been decided against them and they have been directed to return the amounts paid by the members of the society which were received by OP no.2 Navneet Singh with the assurance to provide a plot but the OPs no.1 and 2 never developed any residential colony. p
9.                     Accordingly, we find that the OPs no.1 and 2 made false representation of the facts about the goods and services i.e. allotment of plot and delivery of possession in the stipulated period. The act and conduct of OPs no.1 and 2 is a clear case of misrepresentation and deception which resulted in the injury and loss of opportunity to the complainant. The builder is under the obligation to deliver the possession of plot within a reasonable period. The complainant cannot be said to wait indefinitely to get possession of the plot booked from the facts and evidence brought on record of the complaint it is clearly made out that OPs no.1 and 2 knew from very beginning that they have not complied with the provision of PAPRA(Punjab Apartment and Property Regulation Act & Rules) and would not be able to deliver possession within the stipulated period, thus by misrepresentation in dues to the complainant to book the plot, due to which the complainant has suffered mental agony and harassment. In these circumstances the complainant is entitled to refund of the amount deposited by her along with interest and suitable compensation.
10.                     As per Rule 17 of the “Punjab Apartment and Property Regulation Rules, 1995, framed under Section 45 of PAPRA, it has been provided as under:-

              “17. Rate of interest on refund of advance money upon cancellation of agreement. -The promoter shall refund full amount collected from the prospective buyers under sub section (1) of Section 6 together with interest thereon at the rate of 12% annum payable from the date of receipt of amount so collected till the date of re-payment. :"

11.                   As a result of our aforementioned discussion, we accept the complaint of complainant and the OPs no.1 and 2 are directed to refund the balance amount of Rs.1,89,000/- to the complainant along with interest @12% from the date of payment till the date of refund. The OPs no.1 and 2 are also directed to pay a sum of Rs.25,000/- as litigation expenses. The compliance of this order be made by the OPs no.1 and 2 within a period of 45 days on receipt of certified copy of this order. The copy of this order be sent to Navneet Singh President, Sky Rock City Welfare Society (Regd.) through District Jail Ropar, where OP no.2 is in custody. The file be return back to the District Consumer Commission, Mohali for consignment.

Announced: 07.12.2021

                                                    

                                                                            

(Pushvinder Singh)

                                                                              President

 

(Shivani Bhargava)

                                                                              Member

                                                                            

(Manjit Singh Bhinder)

                                                                              Member