BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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1.  Sh. Mastan Singh son of Sh. Bakshish Singh resident of House No.2107, Phase-10, Mohali.

2.  Mrs. Anupam Singh wife of Sh. Mastan Singh, resident of House NO.2107, Phase-10, Mohali.

….…Complainants

                            V E R S U S

1.  The Director, M/s Greenfield Sites Management Private Limited SCO 196-197 (Top Floor), Sector 34-A, Chandigarh.

2.  The Managing Director, Chandigarh Overseas Pvt. Limited Fashion Technology Park, SCO 196-197, Sector 34-A (Top Floor), Chandigarh.

                                   ..…Opposite Parties

CORAM:        SH.JAGROOP SINGH MAHAL             PRESIDENT

              SH.RAJINDER SINGH GILL         MEMBER

Argued by: Sh. Mastan Singh, Complainant No.1 in person and husband/representative of complainant No.2.

OPs exparte.

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

             Succinctly put, in pursuance to a scheme floated by the OPs for allotment of a unit in Design Studio in Industrial Complex/Zone in the Industrial Knowledge (Fashion Technology) Park, Sector 90, Mohali, the complainants submitted their application which was acknowledged by the OPs vide their letter dated 17.8.2006 and the complainants were also informed that they were eligible for ‘Buy Back Option’. Subsequently the complainants made payment of about Rs.4,75,000/- with the OPs under the said scheme.  The OPs vide their letter dated 4.12.2006 informed the complainants that they were allotted 125 sq. ft. super area for allotment under Small Investors Scheme in the Design Studio No.6 in the Building called Block A2 on 6^th Floor in the Industrial Knowledge (Fashion Technology) Park, Sector 90, Mohali on free hold basis as a co-owner. The complainants vide their letters dated 29.5.2009 and 22.6.2009 informed the OPs that they wanted to avail the buy back option and requested to reimburse the amount  The complainants also served legal notice dated 27.1.2010 on the OPs but that too had no effect. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2.        OPs did not appear despite due service, hence they were proceeded against exparte. 
3.        Complainants led evidence in support of their contentions.
4.        We have heard the complainant No.1 in person and have also perused the record. 
5.        Annexure C-1 is the copy of the application form submitted by the complainant for allotment of an industrial work space/design measuring 125 sq. ft. at Industrial Zone in Fashion Technology Park, Sector 90, SAS Nagar, Mohali, Punjab.  Annexure C-4 to C-7 are the receipts by which the complainants deposited total Rs.4,75,000/- with the OPs.  Annexure C-8 is the allotment letter dated 4.12.2006 by which the complainant was allotted 125 sq. ft. super area in the Design Studio No.6  on 6^th Floor in Block 2 in Industrial Knowledge (Fashion Technology) Park, Sector 90, Mohali on free hold basis.  It has been contended by the complainant that as per Sr.No.16 of the ‘Information Memorandum for Small Investors’ (Annexure C-3) under the heading Buyback offer it was mentioned that the first 500 units sold shall be entitled to buyback option by the company (OP) @ Rs.7,50,000/-.  In terms of the said offer, the complainants through their letter dated 29.5.2009 (Annexure C-9) informed the OPs that they wanted to avail the buy back option and requested them to process the same and reimburse the amount due at the earliest.  As nothing was done so they sent a reminder dated 8.12.2009. Ultimately, the complainants served a legal notice dated 25.1.2010 (Annexure C-12) on the OPs but that too failed to elicit any response from the OPs.  Mastan Singh complainant No.1 has filed his duly sworn affidavit in support of their contentions as contained in the complaint.
6.        The OPs did not appear despite due service which shows that they have nothing to say against the allegations leveled by the complainants against them.
7.        In view of the above discussion, we are of the opinion that the present complaint succeeds. The same is accordingly allowed. The OPs are directed to pay to the complainant Rs.7,50,000/- as the buy back amount with interest @ 9% per annum since 29.6.2009 (one month after the receipt of letter dated 29.5.2009 from the complainant) till payment alongwith Rs.2,200/- as costs of litigation.  If the above order is not complied with within thirty days from the date of receipt of its copy, the OPs they shall pay the entire amount with penal interest @ 12% per since 29.6.2009  till the amount is actually paid to the complainant.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.