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

Consumer Complaint No.568 of 2019

                                                Date of institution:  22.04.2019                                                  Date of decision   :  15.10.2019

Kapil Sharma son of Lt. Balbir Chand, resident of House No.615, Dashmesh Colony, Near Gurudwara, Balongi, District SAS Nagar, Mohali-160055.

…….Complainant

Versus

Soni Hi-Tech Builders Pvt. Ltd., Radhey Soni (Director) SCF No.7-8, Maa Shimla Homes Parvati & Rajdhani Enclave Road, Desu Majra, Kharar-140301.

                                                         ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Complainant in person.

                OP Ex-parte.

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

Order

                Complainant booked flat with OP on 24.12.2017 by paying earnest amount of Rs.1,50,000/- through receipt. Thereafter, complainant applied for home loan from the bank who demanded property papers like approved map of the flat, approved lay out of the project, copies of jamabandies etc. for disbursement of loan. However, OP refused to give all these documents, despite the fact that complainant has been contacting OPs personally, through messages and also through phone calls. Radhey Soni, himself offered for refund of paid amount of Rs.1.50 lakh, but after receipt of cancellation letter from complainant. Cancellation and refund letter dated 13.08.2018 was given, but despite that refund has not been done, even though letter through registered post was sent on 02.02.2019. By claiming that  OP adopted unfair trade practice, this complaint filed for seeking refund of amount of Rs.1,50,000/- with interest  alongwith compensation for mental agony and harassment and litigation expenses of Rs.1.00 lakh.

2.             OP is ex-parte in this case.

3.             Complainant produced on record his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-7. As per latest instructions of Hon’ble State Commission, there is no need to record evidence and as such after finding that complainant not to produce any more evidence, arguments were heard.

4.             Complainant has produced on record payment receipt Ex.C-1 dated 24.12.2017 for showing that he paid Rs.1,50,000/- to OP on 24.12.2017. This receipt Ex.C-1 bears signature of Radhey Soni, authorised representative of OP and as such certainly complainant able to establish as if Radhey Soni, being authorised representative of OP is competent to give assurance for refund.  

5.             Complainant through SMS message, copy of which is produced on record as Ex.C-2 sought for jamabandies of 13 years alongwith approved drawing of Municipal Corporation and copy of sale deed from OP in order to get loan advanced from the bank so that payment of balance sale consideration amount may be made to OP. These documents were not provided by OP as per affidavit Ex.CW-1/1 of complainant and as such certainly fault lays with OP in not helping complainant in raising funds for payment of balance sale consideration. Complainant even sent letter Ex.C-3 to Radhey Soni, authorised representative of OP for disclosing about requirement of jamabandies etc. for availing loan, but despite that those documents not provided even though subsequent letter Ex.C-4 dated 02.02.2019 even was sent. Perusal of Ex.C-4 establish as if Radhey Soni promised to refund amount of Rs.1,50,000/- subject to submission of cancellation letter by complainant and that letter alleged to be submitted as enclosures of Ex.C-4, but despite that refund has not been made as disclosed by contents of letter Ex.C-6 and as such certainly OP provided deficient services, as referred above. On account of this, complainant suffered mental agony and harassment and stood dragged to this litigation and as such certainly complainant entitled for refund of deposited amount of Rs.1,50,000/- with interest @ 12% per annum from the date of deposit namely 24.12.2017 till payment. This interest allowed in view of decisions given 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 OP to refund received amount of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand only) with interest @ 12% per annum from the date of deposit namely 24.12.2017 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 be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

October 15, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member