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

Consumer Complaint No.1115 of 2018

                                                Date of institution:  30.10.2018                                                  Date of decision   :  14.10.2019

Naresh Kumar aged 43 years son of Banarsi Dass, resident of House No.HE-11, Phase-1, SAS Nagar, Mohali, District Mohali, Punjab.

…….Complainant

Versus

1.     Soni Hi-Tech Builders Pvt. Ltd., SCF No.7-8, Maa Shimla Homes Parvati & Rajdhani Enclave Road, Desu Majra, Kharar, District Mohali, Punjab.

2.     Shri Radhey Soni, Proprietor of Soni Hi-Tech Builders Pvt. Ltd., SCF No.7-8, Maa Shimla Homes Parvati & Rajdhani Enclave Road, Desu Majra, Kharar, District Mohali, Punjab.

                                                         ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri Sunil K. Chaudhary, counsel for complainant.

                OPs Ex-parte.

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

Order

                Complainant approached OPs for purchase of 2 BHK flat for residential purposes in October, 2017. OPs agreed to sell flat No.101 on first floor consisting of  drawing, dining, two bedrooms, modular kitchen etc. having super area of 1000 sq. ft. situate at Maa Shimla Complex, Sector 127, Kharar Landran Road at Kharar. Total price of the flat was Rs.20.00 lakhs. Possession was to be delivered on or before 31.03.2018. Complainant paid Rs.1.00 lakh in cash to OPs on 03.10.2017 regarding which receipt was issued. Complainant regularly visited and contacted OPs for knowing status of start of construction. OPs have not bothered to start the work, but they started demanding more money. Work of furnishing the flat even not started. Despite service of legal notice dated 28.05.2018 through registered post, neither the amount refunded nor possession handed over and that is why by pleading deficiency in service on part of OPs, this complaint filed for seeking refund of Rs.1.00 lakh with interest. Compensation for mental agony and harassment and litigation expenses also claimed.

2.             OPs are ex-parte in this case.

3.             Complainant produced on record his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-4. 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.             Perusal of payment receipt Ex.C-1 dated 03.10.2017 shows as if complainant deposited Rs.1.00 lakh with OP on 03.10.2017 for purchase of flat No.101 referred above. Copy of agreement Ex.C-2 in this respect also produced, in which reference also made regarding payment of Rs.1.00 lakh by complainant. Possession of the furnished flat was to be handed over to complainant by 31.03.2018, but despite service of legal notice Ex.C-3 through postal receipt Ex.C-4 dated 28.05.2018, construction has not been started on the spot and as such certainly OPs violated provisions of PAPRA Act. Acceptance of Rs.1.00 lakh for flat to be handed over to complainant, itself is an act of unfair trade practice on part of OPs. So keeping in view Section 12 of PAPRA Act read with Rule 17 thereof and the 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,  it is ordered that complainant is entitled for refund of deposited amount of Rs.1.00 lakh with interest @ 12% per annum from the date of deposit till payment. Complainant also entitled to compensation for mental agony and harassment, but of reasonable amount.  

5.             As a sequel of above discussion, complaint allowed with direction to OPs to refund received amount of Rs.1,00,000/- (Rs. One Lakh only) with interest @ 12% per annum from the date of deposit till payment. Compensation for mental agony and harassment of Rs.25,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against  OPs.  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 14, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member