DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI)

                                     Consumer Complaint No. 431 of 2019                                          Date of institution:  27.03.2019                                             Date of decision   :  12.12.2022

Rajinder Ahuja son of Chuni Lal Ahuja, resident of H.No. 7R, New Punjab Mata Nagar, Ludhiana, Punjab.

…….Complainant

Versus

1.     Sky Rock City Welfare Society (Regd.) Site Office Behind Chandigarh Group of Colleges, Landran Road, Sector 111-112, SAS Nagar, Mohali through its President Navjeet Singh.

2.     Navjeet Singh, President, Sky Rock City Welfare Society SCO 668, Top Floor, Sector 70, SAS Nagar (Mohali).

        (Now currently lodged in New Jail, Nabha).

                                                      ……..Opposite Parties

           Complaint under Consumer Protection Act.

Quorum:    Shri Sanjiv Dutt Sharma, President.

                Ms. Gagandeep Gosal, Member

                Ms. Paramjeet Kaur, Member

Present:     Shri A.K. Handa, 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 to as ‘CC’ for short) against the Opposite Parties (hereinafter referred to as ‘OPs’ for short) on the ground that the CC became member of the OP society by paying Rs.10,000/- as membership fee and was allotted membership No.R-5960. Thereafter, the CC opted for a residential plot measuring 100 sq. yards @ Rs.8,000/- per sq. yard at a total amount of Rs.8,00,000/- with the OPs and the EDC and IDC  charges @ Rs.3,250/- per sq. yard and Rs.1,000/- per sq. yard which comes to R.4,25,000/- and thus the total cost of the land becomes Rs.12,25,000/-.  The CC was initially not allotted a plot in original membership, but was allotted plot in a transfer case and the CC paid Rs.25,000/- as transfer fee.  The CC deposited Rs.6,80,000/- with the OPs on 21.07.2011. On 27.04.2012 the OPs issued a share certificate of 100 sq. yards plot to the CC.  Thereafter vide provisional allotment letter dated 22.04.2013 the OPs allotted plot No.G-118 in Sector 111-112, SAS Nagar Mohali. The CC deposited Rs.75,000/- as EDC charges with the OPs on 21.07.2011. The CC also deposited Rs.40,000/- with the OPs on 16.08.2014. In the second draw of allotment of plots held at Hotel JW Marriot, the CC was allotted a plot and vide provisional allotment letter dated 03.08.2015 Plot No.388 of 100 sq. yards in Sector 111-112, SAS Nagar was allotted to the CC.  The CC deposited Rs.75,000/- with the OPs towards EDC charges on 24.09.2015. The CC also deposited Rs.1,00,000/- with the OPs on 11.11.2016.  The CC came to know that OP No.2 has been arrested by the police in February, 2017 on the complaints of other members of the society who applied for the purchase of plots. The CC also came to know that no development work is there on the site. The OPs issued possession letter to the CC for Plot No.481 in Sector 111-112, Mohali instead of Plot No.388 and the CC also deposited the remaining amount of Rs.2,55,000/- with the OPs.  In total the CC had deposited Rs.12,60,000/- with the OPs on different dates. The OPs have failed to handover the actual physical possession of the plot to the CC. It is further averred that the OPs violated provisions of Sections 3, 9 and 12 of PAPRA Act read with Rule 17 of PAPRA Regulations, 1995.

                Thus, alleging deficiency in service and  unfair trade practice on the part of the OPs, the CC has sought direction to the OPs to either handover the possession of the plot with complete amenities or to refund the deposited amount of Rs.12,60,000/- with interest @ 9% per annum from the dates of receipt. The CC has further sought compensation for mental agony and harassment of Rs.2,00,000/- alongwith litigation expenses of Rs.25,000/-.

2.             The OPs failed to submit written version despite availing number of opportunities, as such vide order dated 15.11.2022 the right of the OPs to file written version was struck off vide order dated 16.09.2022.

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-14.  The OPs failed to submit evidence despite availing ample opportunities and vide order dated 15.11.2022 evidence of the OPs was closed by order.

4.             We have heard learned counsel for the complainant and have gone through the record. None appeared on behalf of the OPs.

5.             Perusal of receipt Ex.C-1 shows that an amount of Rs.10,000/- was deposited by the CC with OPs on 21.07.2011 for becoming member of the OP society. The CC has produced receipts Ex.C-3, Ex.C-4, Ex.C-7, Ex.C-8, Ex.C-11 and Ex.C-12 to prove that he has made payment of Rs.12,60,000/- to the OPs on various dates.  Ex.C-5 is the share certificate issued by the OPs in the name of the CC for plot measuring 100 sq. yards.  Vide provisional allotment letter Ex.C-6, the OPs allotted plot No.G-118 in Sector 111-112, Mohali to the CC.  Thereafter, the OPs vide provisional allotment letter dasted 03.08.2015 Ex.C-9 allotted plot No.388 in Sector 110-11-12 to the CC. However, vide letter Ex.C-13 the OPs offered possession of Plot No.481 in Sector 111-112, Mohali to the CC, but the CC in the complaint has categorically averred that till date physical possession of the flat has not been handed over to the CC. The CC has further stated that there is no development at the site and the OPs are not in a position to handover the plot to the CC.  Being so, the CC is entitled for refund of the deposited amount with interest 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 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.12,60,000/- 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.50,000/- (Rs. Fifty Thousand only) to the CC. Certified copies of the orders be supplied to the parties as per rules.  File be consigned to record in accordance with rules.

Announced

December 12, 2022

                                                        (Sanjiv Dutt Sharma)

                                                                President

                                                       I agree.

(Ms. Gagandeep Gosal)

Member

I agree.

(Ms. Paramjeet Kaur)

Member