Punjab

Fatehgarh Sahib

RBT/CC/1129/2018

Ms. Shruti Chander - Complainant(s)

Versus

The Project In-Charge - Opp.Party(s)

Rohit Malik

23 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                   RBT/CC/             /2018

Complaint No. 1129 of 2018

                                                                   Date of Institution:30.10.2018

                                                                   Date of Decision: 23.08.2022

 

Ms. Shruti @ Shruti Chander, aged 30 years, daughter of Sh. Chander Mohan, R/o Ho No.87-B, Lakshya Homes, Mundi Kharar, Tehsil, Kharar, District
SAS Nagar (Mohali), Punjab.

                                                                                       …………....Complainant

                                                Versus

1. The Project in-charge, Dara Group Association with Reliance Property Corporate Office, Kharar Landran Road, Sec 115, SAS Nagar, Mohali
2. Dara Group Association with Reliance Property Corporate Head Office, SCF-30, Sec 16-D, Chandigarh, U.T., through its Managing Director.
3. Dara Buildtech & Developers Limited, Dara Group Association with Reliance Property Registered Office, SCO-528, Level-II, Sec 70, SAS Nagar, Mohali

..………....... Opposite Parties

Complaint under Section 12 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Sh. Manjit Singh Bhinder, Member

Ms. Shivani Bhargava, Member

 

Present: Sh. Rohit Malik,Adv, counsel for the Complainant.

     OP no.1 and 3 Ex-Parte

     Sh.Harjit Singh Gill counsel for OPs no.2 .

 

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 OPs floated Jan Awas Yojna under the Banner of Dara Group in association with Reliance Property duly published in various newspapers provided opportunities to the proposed purchasers against a sum of Rs.11,000/- at six best locations in Mohali for owning an affordable residential house for personal use. Pursuant to the abovementioned advertisement having been allured the complainant a student and a part-time self-employee in order to fulfil her requirement of owning an affordable residential house for personal use approached the OPs and as desired by them made payment of Rs.11,000/- against the proposed purchase of 2BHK flat in the project namely Dara Affordable Homes by way of cheque No.907105 dated 17.05.2017 in favour of the OPs vide receipt No.180 dated 24.05.2017. The OPs had assured the complainant that the project was clear and affordable and they had obtained all the clearances from statutory bodies and other agencies for erecting affordable homes for the proposed purchasers. They had also promised that they would construct and deliver the possession of flat within one year and on regular reminders OPs kept on deferring the promise to Diwali, 2017 as according to them the digging work was started. On the assurance of OPs the complainant visited the site on number of occasions but was surprised to found that no work whatsoever has started on the project till then.
3.               The complainant on her enquired and found that no approval whatsoever was given to the project in question and the assurances given by the OPs were false and frivolous. Subsequently the OPs again tried to put off the complainant by promising that the possession shall be delivered probably in the month of February 2018 but surprisingly no construction whatsoever was raised. The complainant having received no justified reply or documentary proof from the OPs, with a heavy heart having suffered physically mentally and financially was left with no other alternative but to request the OPs to refund her a sum of Rs.11,000/- with interest and compensation for harassment and mental agony. Thereafter, complainant sent a legal notice with her sister Ms. Shruti Chander who also had been victimized on account of illegal and arbitrary actions of the OPs. In the legal notice, a demand of refund along with compensation and damages was made but the OPs did not bother.  
4.           Notice of the complaint was given to the OPs. But OP no.1 did not come forward to contest the present complaint. So, OP no.1 was proceeded ex parte. Sh. Harjit Singh Gill Advocate appeared on behalf of OPs no.2 and 3 on dated 15.6.2021 but later on dated 4.2.2022 he made a statement that  he has no instructions from OP no.3 and  case called many times during the court hours, but the OP no.3 did not appear and was proceeded against Ex-Parte.
5.    The OP 2, filed  written reply/version, raising preliminary objections, that the present complaint is not maintainable,  the complainant has not approached this Commission  with clean hands. The  complainant has no locus standi to file the present complaint against the OP no.2 as no cause of action arose in favour of the complainant. It is further alleged on the merit that the complainant never approached the OP no.2 at any point of time either for any request or with any complaint of any kind. The complainant has not given any money nor  the documents  attached with the complaint  reflect any role of OP no.2 with the complainant. Accordingly, OP. no.2  prayed for dismissal of the complaint with costs.

 

6.   In  evidence the complainant furnished her affidavit as Ex.CW1/A,, copy of advertisement in the newspaper Ex.C1, copy of receipt vide which amount of Rs.11,000/- was deposited with the OPs as Ex.C2, copy of legal notice as Ex.C3, copy of track consignment Ex.C4, copy of postal receipt and acknowledgement Ex.C5. In rebuttal, OP no.2 has tendered affidavit  in evidence as Ex.OP1/1
7.         We have heard counsel for complainant and OP no.2 and going through the file.
8.          In the complaint the complainant has pleaded and also deposed in her affidavit that the OPs floated Jan Awas Yojna under the banner of Dara Group in association with Reliance Property duly published in various newspapers providing opportunities to the proposed purchasers against a sum of Rs.11,000/- at six best locations in Mohali, for owning an affordable residential house for personal use. In this regard the complainant has produced copy of the advertisement in the newspaper which clearly shows that a scheme was floated by the OPs for owning a house for personal use by depositing amount of Rs.11,000/-. The complainant has further deposed that on the allurement of OPs, she made payment of Rs.11,000/- for purchasing 2BHK flat in the project vide cheque No.907105 dated 17.05.2017 in favour of OPs and in this regard a receipt No.180 dated 24.05.2017 was issued by the authorized signatory of OPs.
9.            The complainant has produced copy of receipt on the file which shows that amount of Rs.11,000/- was deposited by the complainant for a flat (2BHK) in the project namely Dara Affordable Homes. The complainant has further deposed that in spite of assurances given by the OPs the project was not even started and then she requested the OPs to return her money deposited with them. But the OPs did not bother and then complainant got issued a legal notice to the OPs through counsel Sh. Suresh Kumar Gularia, advocate. The complainant has produced copy of legal notices dated 02.05.2018 on the file. It was issued to the OPs with request to return the amount deposited with the OPs and along with interest as well as compensation and costs. Notice was served upon the OPs acknowledgement has been produced on the file. But the OPs did not respond. The OPs have neither gave any reply to her notice nor made the payment. Only OP no.2 come present to contest the present complaint and he has denied  all the allegations of the complainant and alleged that he did not receive any money from the complainant, but from the  evidence produced by the complainant it is clear that  the scheme was floated by the OPs as  Jan Awas Yojna  and in  this regard advertisement was  given in the New Paper, which is Ex.C1 on the file.  The complainant deposited Rs.11,000/- as booking amount against the  proposed purchase of Flat of 2BHK. But as per the scheme  proposed by  the OPs no project was started as agreed and the OPs did not  refund the booking amount  deposited by the complainant. Legal notice was also served by the complainant upon  the Ops but neither the amount returned  by the Ops  nor any reply was given .   As such we are of the considered opinion that the complainant is entitled to refund of the amount deposited by her and she is also entitled to recover simple interest from OPs on the amount of Rs.11,000/- @ 12% per annum from the date of payment till the date of repayment by OPs. Certainly, the complainant suffered physical and mental agony regarding which she entitled for the compensation and she is also entitled to the costs of litigation. Accordingly keeping in view the facts of the present case we find that the complainant is entitled to consolidated amount of Rs.7000/- towards compensation and litigation expenses.
10.                In view of our aforementioned discussion the complaint is allowed and the OPs are directed to pay a sum of Rs.11,000/- to the complainant within a period of 60 days along with simple interest @ 12% per annum from the date payment by the complainant and till the date of actual payment by the OPs. The OPs are also directed to pay a sum of Rs.7000/- as compensation and litigation expenses to the complainant. Within a period 60 days failing which the complainant shall be entitled to recover the above said amount through legal process. The complaint could not be decided within a specific period as provided by the statute due to rush of work and large pendency. Copy of this order be sent to the complainant and the OPs as per rules. The file be returned back to the District Consumer Commission, Mohali for consignment.

Announced: 23.08.2022

                                                           

                                                                               (Pushvinder Singh)

                                                                              President

 

(Shivani Bhargava)

                                                                              Member

                                                                            

(Manjit Singh Bhinder)

                                                                              Member