DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

Consumer Complaint No.2706 of 2019

                                               Date of institution:  16.12.2019                                         Date of decision   :  06.02.2023

Kuldeep Singh son of Sham Singh, House No.C-145, Sector 14, Panjab University, Chandigarh 160014.

…….Complainant

Versus

1.     The Sky Rock City Welfare Society (Regd.) through its President Navjeet Singh, SCO No.672, First Floor, Sector 70, SAS Nagar (Mohali)

2.     Navjeet Singh, President, The Sky Rock City Welfare Society (Regd.) Banur Road, Back Side CGC College, Sector 111-112, Landran, District Mohali.

        (presently lodged in New Jail, Nabha).

                                                        ……..Opposite Parties

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Ms. Gagandeep Gosal, Member

                Ms. Paramjeet Kaur, Member

Present:    Shri Arun Kumar, counsel for the complainant.

                None for the OPs.

Order dictated by :-  Shri Sanjiv Dutt Sharma, President.

Order

               The present order of ours, will dispose of a complaint under the Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as ‘OPs’ for short) on the ground that the CC applied for the allotment of a plot in the project of the OPs, the total cost of which was Rs.12,45,000/- . The CC deposited sum of Rs.10,000/- as membership fee with OP No.1 vide receipt dated 20.10.2011. Thereafter the CC deposited a sum of Rs.1,24,500/- on 21.10.2011 and Rs.1,86,750/- on 06.07.2012. It is averred that thereafter the OPs provisionally allotted Plot No.872, measuring 150 sq. yards in Part-2 Sky Rock City, Mohali.  It is averred that as per clause No.13 of the provisional allotment letter, the OPs were to develop the plot within 36 months from the date of actual allotment. The CC visited the site in the month of June, 2017 and in the last week of January, 2018 but found that there was no development at the site. The CC enquired about the development from the representatives of the OPs, who informed that they will hand over the developed plot to the CC at the earliest.  It is averred that the OPs have violated Clause no.13 of the provisional allotment letter dated 19.09.2015, whereby they had agreed to develop the plot within 36 months from the date of actual allotment.

                Thus, alleging deficiency in service and unfair trade practice on the part of the OPs, the CC has sought direction to the OPs to  refund the deposited amount of Rs.3,21,250/- with interest @ 12% per annum. The CC has further sought compensation for mental agony and harassment of Rs.2,50,000/- alongwith litigation expenses of Rs.30,000/-. The complaint of the CC is duly signed and verified.

2.             The OPs did not appear and were proceeded against ex-parte vide order dated 15.11.2022.  

3.             In support of his case, the CC submitted in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-4.

4.             We have heard counsel for the complainant and have gone through the record.

5.             The CC became member of the OP society by paying Rs.10,000/- as membership fee vide receipt Ex.C-1. Perusal of receipts Ex.C-2 and Ex.C-3 shows that the CC has deposited different amounts with the OPs towards the sale consideration of the plot. As per provisional allotment letter Ex.C-4 the OPs were to develop the plot within 36 months from the date of actual allotment. The CC visited the site in the month of June, 2017 and in the last week of January, 2018 but found that there was no development at the site. There is no explanation or any reason received from the OPs, by this Commission, that why the possession of the plot has not been handed over to the CC. It is writ large on the file, that there is no development at the site till date. The CC had been requesting the OPs to either handover the possession of the plot or to refund the amount deposited by him, but till date the OPs have not redressed the grievance of the CC. The OPs have also failed to produce any document to show that at the time of receiving the amount towards the sale consideration of the plot, they had the requisite approvals/sanctions from the Govt. departments.   As such, we feel, that the OPs have also violated the various provisions of PAPRA as well as other acts by not obtaining permissions from the competent authorities as alleged in the complaint. We feel, that the OPs have not performed their part of the contract in consonance with law and rules. As such deficiency in service on the part of the OPs is proved on the file.  In holding this view, we are equipped 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.             Accordingly the present complaint is allowed and the OPs are directed to refund to the CC the amount to the tune of Rs.3,21,250/- alongwith interest @  9% per annum from the dates of various deposits till realisation. The OPs are further burdened to pay a consolidated compensation to the tune of Rs.5,000/-  to the CC towards mental agony and harassment as well as costs of litigation. Certified copies of the orders be supplied to the parties as per rules.  File be consigned to record in accordance with rules.

Announced

February 06, 2023

                                                        (Sanjiv Dutt Sharma)

                                                                President

                                                       I agree.

(Ms. Gagandeep Gosal)

Member

I agree.

 (Ms. Paramjeet Kaur)

Member