DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.104 of 2015
Date of institution: 10.03.2015 Date of decision : 29.09.2016
Sushil Kumar House No.344, Village Daria, PIN 160101, Chandigarh.
……..Complainant
Versus
The Managing Director, United Property, Barwala Road, Dera Bassi, District SAS Nagar (Mohali).
………. Opposite Party
Complaint under Sections 12 to 14
of the Consumer Protection Act
Quorum
Shri Ajit Pal Singh Rajput, President Mrs. R.K. Aulakh, Member.
Present: Complainant in person.
Shri Baldev Singh, Proprietor of the OP
ORDER
By Ajit Pal Singh Rajput, President
Complainant, Sushil Kumar House No.344, Village Daria, PIN 160101, Chandigarh, has filed the present complaint against the Opposite Party (hereinafter referred to as the OP) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant had booked Flat No.25 in Bhullar Colony at Gholumajra through the OP on 26.03.2012 by making payment of Rs.70,000/-. At the time of booking, the complainant was assured by the OP that it would provide him loan facility within 3 months and in case the OP failed to provide the same, it would refund the entire amount paid by the complainant. However, the OP failed to provide the loan facility within stipulated period and accordingly the complainant asked the OP to refund him deposited amount. The complainant wrote letters to the OP for refund of the amount but to no avail. Hence this complaint for giving directions to the OP to refund the deposited amount of Rs.70,000/-; pay him compensation amounting to Rs.1,00,000/- for mental and physical harassment and Rs.1,000/- as litigation expenses.
3. The notice sent to the OP through registered post was shown as delivered on 14.09.2015 as per the report retrieved from the India Post site. However, none appeared for the OP and it was proceeded against ex-parte vide order dated 19.10.2015.
4. In order to prove the case, the complainant tendered in evidence his affidavit Ex.CW-1/1; affidavit of Raj Bala Ex.CW-1/2; copies of letter dated 15.12.2014 Ex.C-1; courier receipt Ex.C-2; visiting cards Ex.C-3 and C-4; registry Ex.C-5; biana Ex.C-6 and the matter downloaded from internet Ex.C-7.
5. After closing his evidence on 03.12.2015 complainant stated that there are chances of compromise between the parties and he will try to bring the OP on the next date for the purpose of compromise and accordingly the complaint was adjourned to 12.12.2015 for compromise. On 12.12.2015 Shri Inderjit Singh and Baldev Singh Proprietor of the OP came present in the Forum and made statement that they have entered into an agreement with the complainant for payment of Rs.25,000/- in cash which was to be made on 14.03.2016 and the remaining sum of Rs.45,000/- was to be paid through cheque on 12.06.2016 and the cheque of this amount was to be given to the complainant on 14.03.2016 itself. The complainant also made the statement with regard to acceptance of offer of the OP. However, the OP did not honour the compromise and resiled from the same. Thus, with the permission of the Forum, the complainant initiated proceedings against the OP under Section 27 of the Consumer Protection Act for non compliance of the compromise. Accordingly, both Inderjeet Singh and Baldev Singh were summoned to appear through bailable warrants. Baldev Singh appeared before the Forum on his own and submitted application that he does not know the complainant and has no concern with Inderjeet Singh, Property dealer and requested for dropping the proceedings against him. Thereafter, the complainant made statement that he does not want to pursue the execution application and his complaint may be revived. Thereafter, the arguments on the complaint were heard.
6. It has been argued by the complainant at the time of booking Flat No.25 in Bhullar Colony at Gholumajra on 26.03.2012 the OP had assured that it would provide him loan facility within 3 months and on failure to do so the amount of Rs.70,000/- deposited by the complainant would be refunded to her. However, the OP failed to arrange loan for him and accordingly the complainant requested the OP to refund him the deposited amount which the OP has not refunded, causing mental agony and harassment to the complainant.
7. We have gone through the pleadings, evidence and oral submission of the complainant. Ex.C-6, which is a writing on Non Judicial Stamp Paper shows that Inderjeet Singh has sold plot No.25 measuring 71 sq. yard at village Gholumajra to the complainant which carries signatures of both Inderjeet Singh and the complainant. Thereafter, appearance of Inderjeet Singh and Baldev Singh in the Forum on 12.12.2015 offering refund of the entire amount to the complainant is clear cut admission of the OP. Thus, the complainant is entitled to refund of the amount from the OP.
8. Accordingly, we direct the OP to refund the deposited amount of Rs.70,000/- (Rs. Seventy thousand only) to the complainant alongwith interest @ 8% per annum from the date of receipt i.e. 11.04.2012 till actual payment. We also find that the complainant is entitled to a lump sum compensation of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony caused due to negligent act of the OP including litigation cost. The present complaint stands allowed accordingly.
The OP is further directed to comply with the order of this Forum within 45 days from the date of receipt of this order.
The arguments on the complaint were heard on 21.09.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 29.09.2016
(A.P.S.Rajput)
President
(Mrs. R.K. Aulakh)
Member
