DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.610 of 2017
Date of institution: 16.08.2017 Date of decision : 14.08.2019
1. Gopal Krishan Narang son of Sham Sunder Narang,
2. Preeti Narang wife of Gopal Krishan Narang,
Both residents of House No.3350/2, Sector 40-D, Chandigarh.
…….Complainants
Versus
1. The Sky Rock City Welfare Society, Site Office, 111-112, Near CGC College, Landran, SAS Nagar, Mohali through its President.
2. The President, Sky Rock City Welfare Society, SCO 672, First Floor, Sector 70, Mohali, Punjab.
……..Opposite Parties
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: None for the complainants.
OPs ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainants in the year 2011 applied to OPs for having 100 sq. yard of residential plot area after becoming members of OP No.1 society on deposit of Rs.10,000/- vide receipt dated 01.10.2011. Membership No.3605 was allotted and thereafter plot was allotted @ Rs.12,800/- per sq. yard. Complainants paid total amount of Rs.7,25,000/-, details of which are given below:
a) Receipt No.3605 dated 01.10.2011 Rs. 10,000/-
b) Receipt No.8215 dated 28.05.2012 Rs.3,20,000/-
c) Receipt No.9709 dated 06.08.2012 Rs.3,20,000/-
d) Receipt No.9710 dated 06.08.2012 Rs. 75,000/-
Possession of the plot was assured to be delivered within period of 3 years from the date of registration i.e. upto 01.10.2014, but same has not been delivered, despite approach by complainants to OPs many times. Complainants got knowledge as if promoter license of OPs has been cancelled by GMADA and FIR No.86 dated 06.07.2011 registered against OPs at Police Station Phase-1, SAS Nagar for offences punishable under Section 36 and other provisions of PAPRA Act. No development activity carried on the spot, as per assessment made by complainants after visiting spot and that is why this complaint for seeking refund of deposited amount with interest @ 15% per annum from the dates of actual payment till realisation. Compensation for mental agony and harassment of Rs.1.00 lakh and litigation expenses of Rs.25,000/- more claimed.
2. Earlier OPs appeared through counsel, but thereafter none appeared for them and as such OPs were proceeded against ex-parte.
3. Even Navjeet Singh, President of OP society appeared in pursuance of issuance of production warrants. After appearance of Navjeet Singh, chance was given for filing reply, but same was not filed and as such right of OPs to file reply was struck off.
4. Complainant No.1 tendered in evidence joint affidavit of both the complainant Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-10 and thereafter closed evidence.
5. OPs subsequently were proceeded against ex-parte.
6. Written arguments not submitted. As none is appearing for complainants continuously since from 10.06.2019 and as such after perusing the file, this complaint is going to be disposed of through this order.
7. Application form by complainants for becoming member of OP No.1 society was submitted as Ex.C-1 and thereafter they deposited above referred amounts through receipts Ex.C-2 to Ex.C-5. Share certificate Ex.C-6 was issued in favour of complainants for enrolling them as Member No.3605. Complainants through letter Ex.C-7 called upon President of OP society to refund the deposited amount of Rs.7,25,000/- because fraud case is made out against him and cancellation of promoters license by GMADA has been done. Thereafter again letters Ex.C-8 to Ex.C-10 were issued on different dates, but despite that neither possession of plot handed over and nor refund of amount made. In view of cancellation of promoters license, certainly OPs are not in a position to handover possession or carry out development activity on the spot. Being so, assertions contained in affidavit Ex.CW-1/1 of complainants are correct that OPs have not carried on any development activity on the spot. Even FIR has been registered against OPs as per contents of this affidavit. Recurring cause of action accrues in favour of complainants and as such complaint is certainly within limitation. As despite acceptance of more than 50% of amount, OPs not in a position to handover possession, or carry out development activity and as such complainants entitled for refund of deposited amount with interest @ 12% per annum from the dates of deposits till payment because of violation of provisions of Sections 6 and 12 of PAPRA Act read with Regulation 17 framed thereunder and also in view of law laid down 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.
8. As a sequel of above discussion, complaint allowed with direction to OPs to refund received amount of Rs.7,25,000/- (Rs. Seven Lakhs Twenty Five Thousand only) with interest @ 12% per annum from the dates of deposits till payment. Compensation for mental agony and harassment of Rs.20,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainants 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
August 14, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
