DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.1349 of 2018
Date of institution: 20.12.2018 Date of decision : 23.09.2019
Ashwani Kumar Arora son of Ramji Dass Arora, permanent resident of H.No.3149, First Floor, Sector 44-D, Chandigarh.
…….Complainant
Versus
1. Sky Rock City Welfare Society (Regd.) Banur Road, Back Side C.G.C. College, Landran, Sector 111-112, Mohali through its President/Authorised Signatory.
2. Navjeet Singh son of Daljit Singh, The President of The Sky Rock City Welfare Society, Site Office No.111-112, Back side CGC College, Landran, Mohali, Punjab.
2nd Address: Navjeet Singh son of Shri Daljeet Singh, presently confined in District Jail, Rupnagar (Ropar),
District Rupnagar, Punjab through Superintendent of Jail, District Jail, Rupnagar (Ropar).
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Shri Vikrant Duggal, counsel for complainant
OPs ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
After going through published pamphlets and advertisements for sale of residential plots in project named and styled as Sky Rock Welfare City Society at Sector 111-112, SAS Nagar, Mohali, complainant booked one residential plot of 100 sq. yards in that project at price of Rs.11,000/- per sq. yard. Initial amount of Rs.10,000/- was paid vide receipt dated 20.07.2011 towards registration/membership. As per terms and conditions mentioned in the registration slip, complainant deposited amount of Rs.40,000/- vide receipt dated 20.07.2011 and thereafter paid Rs.1,70,000/- vide receipt dated 25.11.2011; Rs.65,000/- vide receipt dated 25.11.2011; Rs.55,000/- vide receipt dated 10.02.2012 and Rs.2,25,000/- vide receipt No.7812. In this way complainant deposited Rs.5,55,000/- in all including Rs.10,000/- as membership fee. Physical possession of the plot was promised to be handed over within 2 years from the date of membership/registration. It was also assured that in case complainant does not want to continue even after paying some installments, then OPs will refund the entire amount with interest after one year from the date of registration/membership. OPs assured as if the project is approved by appropriate authorities because developer/promoter license, environmental clearance, change of land use clearance, municipal clearance have been obtained from the concerned authorities. OPs failed to handover possession by agreed date of July 2013. Complainant visited office of OPs many times for enquiring about draw of lots of residential plots, but OPs always procrastinated the matter. It is further claimed that OPs violated provisions of Sections 3, 9 and 12 of PAPRA Act read with Rule 17 of PAPRA Regulations, 1995. By claiming that OPs adopted unfair trade practice, this complaint filed for seeking refund of deposited amount of Rs.5,55,000/- with interest @ 12% per annum. Refund of membership fee of Rs.10,000/- also claimed alongwith compensation for mental agony and harassment of Rs.1.00 lakh, but litigation expenses of Rs.25,000/-.
2. Though presence of Navjeet Singh, President of OP society in this Forum was got procured by issue of production warrants, but later on none appeared for OPs and as such OPs were proceeded against ex-parte.
3. Counsel for complainant tendered in evidence affidavit Ex.CW-1/1 of complainant alongwith documents Ex.C-1 to Ex.C-6 and then closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Perusal of receipt Ex.C-1 establishes as if amount of Rs.10,000/- was deposited by complainant with OPs in July, 2011 after submitting application form for membership, copy of which is placed on record. Copy of request for enrolment as member of the OP society also produced on record alongwith schedule of payments. Besides receipt Ex.C-2 dated 20.07.2011 is there on record to establish as if amount of Rs.40,000/- was deposited by complainant with OPs on 20.07.2011. Further two receipts each dated 25.11.2011 shows as if amounts of Rs.1,70,000/- and Rs.65,000/- were deposited by complainant with OPs. Receipt dated 10.02.2012 shows deposit of Rs.55,000/- by complainant with OPs whereas receipt dated 25.04.2012 shows deposit of Rs.2,25,000/- by complainant with OPs. So this documentary evidence available on record enough to establish as if amount of Rs.5,55,000/- in all has been deposited by complainant with OP society. Thereafter share certificate Ex.C-3 has been issued in favour of complainant. Demand of Rs.5500/- was put forth by OPs from complainant by issue of letter Ex.C-4, but of Rs.2,75,000/- put forth by issue of letter dated 20.07.2012 and similar other letters were received by complainant. Complainant sent email Ex.C-5 to Mr. Navjeet Singh, President of OP society for calling upon him to disclose exact date of delivery of possession of the plot. Copies of other email reminders also produced on record and as such this available evidence on record certainly establishes that complainant had been pressing upon OPs to deliver possession of booked plot, but despite that as per contents of affidavit Ex.CW-1/1 of complainant, possession has not been delivered. Being so, complainant entitled for refund of deposited amount with interest @ 12% per annum from the dates of deposits till payment because of violation of provisions of Section 6 and 12 of PAPRA Act read with Regulation 17 thereof committed by OPs. In holding this view, we are fortified by the decisions given by Hon’ble State Consumer Disputes Redressal Commission Punjab in CC No.716, 789, 835 etc. of 2017 titled as Mangal Singh Kondal & others Vs. Bajwa Developer & Another and First Appeal No.318 of 2018 titled as Harpreet Singh vs. M/s. Bajwa Developers Limited & another, decided on 30.07.2018.
6. As a sequel of above discussion, complaint allowed with direction to OPs to refund the received amount of Rs.5,55,000/- (Rs. Five Lakhs Fifty Five Thousand only) alongwith interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.25,000/- (Rs. Twenty Five Thousand only) and litigation expenses of Rs.5,000/- (Rs. Five thousand only) more allowed in favour of complainant and against OPs. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
September 23, 2019
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
