DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.446 of 2015
Date of institution: 03.09.2015
Date of decision : 07.03.2018
Shashi Kanta Sood wife of Sat Dev Sood, resident of House No.485, Pancham Enclave, Sector 48-A, Chandigarh.
…….Complainant
Versus
1. The Sky Rock City Welfare Society, SCO 672, Sector 70, SAS Nagar, Mohali, Punjab through its President Navjeet Singh
2. Sh. Navjeet Singh, President, The Sky Rock City Welfare Society, SCO 672, Sector 70, SAS Nagar, Mohali, Punjab,
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member.
Mrs. Natasha Chopra, Member.
Present: Shri Vishal Ahuja, counsel for the complainant.
OPs Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant after becoming member of OP No.1 society by paying Rs. 10,000/- as membership fee, got booked plot of 150 sq. yards with OPs and paid Rs.9.10 lakhs in all. Complainant paid Rs.10,000/- as membership fee; Rs.4,50,000/- as first installment; Rs.2,50,000/- as second installment and Rs.2,00,000/- as 3rd installment. Complainant was disclosed at the time of allurement to purchase the plot as if all the approvals and clearances from the concerned authorities had already been obtained. However, later on complainant was shocked to know that the promoter license issued in favour of OP No.1 has already been cancelled regarding project of Sky Rock City in Sector 111-112 of SAS Nagar, Mohali. Out of the paid amount, an amount of Rs.2.00 lakhs was refunded to complainant in April, 2013 with assurance of refunding the balance amount of Rs.7,00,000/- in 2013 itself. However, OPs sought extension of time for refund on dates 29.11.2012; 20.03.2013; 10.04.2013 and 10.09.2013. OPs failed to abide by any assurance regarding refund and as such by pleading deficiency in service on part of OPs, it is claimed that cause of action accrued to complainant in September, 2013 and again on 06.08.2015, when the legal notice was sent by complainant to OPs for paying the full balance amount in question.
2. In reply submitted by OPs, it is claimed that consumer complaint is not maintainable because complainant booked two plots in the society, out of which one was in her name and the other was in the name of her son. This booking was done with motive of re-sale and for commercial purposes. Besides it is claimed that complainant has suppressed material facts and complaint alleged to be false, frivolous and vexatious one. It is not denied that complainant paid amount of Rs.9,00,000/- as alleged in the complaint and refund of Rs.2.00 lakhs had already taken place. However, it is claimed that as per Clause-4 of terms and conditions of the agreement, if the applicant does not want to continue even after paying some installments, then refund of the paid amount will be made with interest @ 8% per annum, but after three years of requisition.
3. Complainant to prove her case tendered in evidence her affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-8 and thereafter closed evidence. On the other hand evidence of OPs was closed by orders on 11.05.2017 due to non payment of costs and non tender of any evidence despite grant of sufficient chance.
4. None appeared for OPs since from 29.06.2017 onward continuously and as such OPs were proceeded against ex-parte.
5. Arguments of counsel for complainant heard and records gone through.
6. Complainant through her affidavit Ex.CW-1/1 alongwith contents of receipts Ex.C-1 to C-4 able to establish as if she paid Rs.9,10,000/- in all including membership fee of Rs.10,000/-on different dates. Copy of public notice Ex.C-5 is placed on record for establishing as if promoter license issued in favour of OP No.1 society was cancelled by GMADA. Copy of the public notice Ex.C-6 also produced on record to show as if without obtaining license from GMADA, no promoter like OP No.1 society can offer plots for sale in the colonies. It is on account of this that complainant submitted request Ex.C-7 for seeking refund of the paid amount and she was assured through written information recorded on the foot of Ex.C-7, as if refund will take place after three months. Dates of this refund subsequently stood extended upto 10.04.2013 as endorsed on the foot of Ex.C-7 itself. It is the case of complainant that an amount of Rs.2.00 lakhs has been refunded, but still amount of Rs.7.00 lakhs is refundable to her by OPs and that is why she issued legal notice Ex.C-8 dated 06.08.2015 through postal receipt for seeking refund of this amount with interest @ 12% per annum alongwith amount of compensation for mental agony and harassment. Certainly as promoters license of OP society was cancelled and that is why it refunded the amount of Rs.2.00 lakhs. Complainant is fair enough in demanding balance amount of Rs.7.00 lakhs and as such certainly she is entitled for refund of balance amount of Rs.7.00 lakhs with interest @ 12% per annum from the date of filing of this complaint namely 03.09.2015 because one month notice period of Ex.C-8 was required virtually for making payment by OPs. As complainant dragged in un-necessary litigation by OPs by not refunding the amount despite assurance and as such complainant entitled to compensation for mental agony and harassment as well as to litigation expenses also.
7. As a sequel of above discussion, complaint allowed with directions to OPs to refund the balance amount of Rs.7,00,000/- with interest @ 12% per annum with effect from the date of filing of complaint namely 03.09.2015 till payment. Compensation for mental harassment and agony of Rs.20,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against the OPs. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of order. Certified copies be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
March 07, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu) Member
(Mrs. Natasha Chopra)
Member
