DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.329 of 2015
Date of institution: 14.07.2015 Date of decision : 13.07.2017
Mukesh Sethi son of Murari Lal, resident of House No.2149, Sector 69, Mohali.
……..Complainant
Versus
1. The Sky Rock City Welfare Society, SCO 672, Sector 70, Mohali through its President Navjit Singh.
Second Address:
SCO 668, Sector 70, Mohali, Punjab.
2. Parminder Kaur wife of Navjit Singh, SCO 668, Sector 70, Mohali, Punjab.
………. Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member.
Present: Shri Navneet Jindal, counsel for the complainant.
None for the OPs.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Mukesh Sethi has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The OP No.1 is a society registered with Registrar Cooperative Societies. It has formulated a scheme to allot plots to its members at Mullapur, Punjab. The complainant became member of the OP No.1 by paying membership fee of Rs.10,000/- on 04.02.2012 vide receipt No.506. The complainant also paid an amount of Rs.1,20,000/- through cheque to the OPs vide receipt No.947. The complainant was allotted membership No.506 of the society. The complainant was told that he would be provided all the necessary documents before next installment. At the time of become member of OP No.1, the complainant was also told that the OP No.1 had purchased land measuring 100 acres for the project and they are having all the approvals like developers license, promoters, license. After one month the complainant asked OP No.1 to give him the documents but OP No.1 informed him that they will send the documents by registered post at the house of the complainant. After few days the complainant learnt that the society has not purchased any land and also no approvals were taken by it. The complainant visited the OPs and after inquiry found that the OPs have not taken any approval and had also not purchased any land in Mullanpur. The complainant sought refund of the amount but the OPs did not listen him. The OPs issued letter dated 30.07.2012 asking the complainant to pay installment @ 20% i.e. Rs.2,40,000/- for his plot of 150 sq. yards. The complainant visited the OPs and asked for the approvals to which the OPs gave evasive reply. The complainant sought refund of his amount but the OPs showed him the instructions at the back of receipt as per which he is entitled to get refund after three years from the date of registration. The OPs sent letter dated 27.11.2013 informing the complainant that their promoter’s license has been reinstated and the OPs will be starting process of allotment of plots. Through this letter the OPs demanded Rs.2.00 lakhs from the complainant. The complainant after waiting for three years sent a letter to the OPs to refund the amount paid by him and the officials of the OPs promised to refund the same within few months. When there was no response from the OPs, the complainant sent a registered letter to the OPs on 01.04.2015 which was received back un-served. The complainant gave another letter dated 15.06.2015 to the OPs at their second address for refund of the deposited amount but to no avail. Hence this complaint for giving directions to the OPs to refund Rs.1,30,000/- deposited with the OPs alongwith interest @ 8% per annum till 21.10.2011 from the date of receipt; to pay interest @ 24% per annum on this amount after it became due w.e.f. 21.10.2014 till actual realisation; to pay him Rs.3,00,000/- for harassment and mental agony and to pay him Rs.50,000/- as costs of litigation.
3. The complaint has been contested by the OPs by filing reply in which it is pleaded that complaint is not maintainable in the present form and that the complainant has not come to this Forum with clean hands. After paying first installment, the complainant had not paid the 2nd, 3rd, 4th and 5th installments. According to Clause 4 of the rules of the society, if the applicant does not want to continue even after paying some installments, he will be refunded the entire amount paid with 8% interest per annum after three years from the date of requisition. Lastly the OPs have prayed for dismissal of the complaint.
4. In order to prove the case, the learned counsel tendered in evidence affidavit of the complainant Ex. CW-1/1; copies of two cheques Ex.C-1; receipts Ex.C-2 and C-3; demand letter Ex.C-4; letter dated 27.11.2013 and 07.11.2014 Ex.C-5 and C-6; postal receipt Ex.C-7 and letter dated 15.06.2015 Ex.C-9. In rebuttal, the counsel tendered in evidence affidavit of Navjeet Singh President of OPs Ex.OP-1/1 and copy of terms and conditions Ex.OP-1.
5. It has been argued by the counsel for the complainant that on the assurance of the OPs that the project was approved by the competent authority, he became member of the society for allotment of a plot in its project in Mullanpur and made payments to the OPs. Learned counsel has further argued that when the complainant learnt that the OPs does not have approvals for the project, he requested the OPs to refund the amount. Inspite of assurance of refund, the OPs have not refunded the amount forcing the complainant to file the present complaint. Learned counsel for the complainant has prayed for allowing the complainant and awarding compensation to the complainant for mental agony and harassment and litigation.
6. None appeared for the OPs to address oral arguments despite several opportunities. However, in the written arguments, it is stated that the work is in progressive stage and the OPs are ready to give the plot to the complainant. The possession of the plot would be handed over to the complainant only when he has paid all the installments. The complainant, if does not want to continue, can seek refund as per Clause 4 of Ex.OP-1, as per which the amount can be refunded to him with 8% interest per annum after 3 years from the date of requisition. It is stated that the complaint is pre-mature and may be dismissed with costs.
7. We have gone through the pleadings, evidence and written arguments of the parties and heard the oral submissions addressed by the learned counsel for the complainant. Against the price of the plot, the complainant had deposited with the OPs an amount of Rs.1.30 lakhs vide receipt dated 21.08.2011 and 21.10.2011 Ex.C-2 & C-3. When the complainant learnt that the OPs does not have the approvals/sanctions from the competent authority for the project, he submitted applications dated 07.11.2014 Ex.C-6 and 15.06.2015 Ex.C-8 to the OPs for refund of the amount. The OPs have themselves admitted in the written statement that the complainant can get refund of the amount. Since the OPs have not lead any evidence to prove that they have purchased the land for the project and the construction work is going on at the site, the complainant is entitled to refund of the amount so paid by him. The Hon’ble State Consumer Disputes Redressal Commission in a latest decision in Ms. Sneh Sood Vs. M/s. Bajwa Developers Ltd. in Consumer Complaint No.240 of 2016 decided on 23.02.2017 has ordered refund of the deposited amount of the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund.
8. Accordingly, in view of our aforesaid discussion, we direct the OP to refund the total deposited amount of Rs.1,30,000/- (Rs. One Lakh Thirty thousand only) to the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due the negligent act of the OP and litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed.
The OPs are further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 12% per annum from the date of this order till realisation.
The arguments on the complaint were heard 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: 13.07.2017 (A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
