Punjab

Fatehgarh Sahib

RBT/CC/461/2018

Ram Parshad - Complainant(s)

Versus

The Sky Rock City Welfare Society - Opp.Party(s)

Divyajot S.Sandhu

13 Dec 2021

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                   RBT/CC/461/2018

Complaint No. 461 of 2018

                                                                   Date of Institution: 19.04.2018

                                                                   Date of Decision:    13.12.2021

Ram Parshad S/o Late Ram Chander, R/o 68 Type II Sec-2, Naya Nangal, District Ropar.       

                                                                                      …………....Complainant

                                                Versus

1. Sky Rock City Welfare Society (Regd) SAS Nagar Mohali through its president Navjeet Singh, President, Sky Rock City Welfare Society, Site Office 111-112, Near CGC College, Landran, SAS Nagar Mohali.
2.  

 

2. Navjeet Singh President, Sky Rock City Welfare Society (Regd) through its President Navjeet Singh, Sky Rock City Site Office 111-112, Near CGC College, Landran, SAS Nagar Mohali. Punjab

..………....... Opposite Parties

Complaint under Section 11/14 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Sh. Manjit Singh Bhinder, Member

 

Present: Sh. Suresh Kumar Adv, counsel for the Complainant.

Sh.P.S. Walia  counsel for the OPs

Order By

Pushvinder Singh, President

 

1.                  The present complaint has been filed by the complainant against the OPs (other parties), with a prayer to direct the OPs to return the amount paid by him along with interest, cost and compensation.
2.                    The complainant has alleged that the OPs had advertised a housing project under the name and style of Sky Rock City, Sec 110-111-112 its registered office at SCO No.2, First Floor, Phase-2, Mohali, allured by the advertisements and tall claims made by the OPs, the complainant went and had a discussions with the OPs in their office where he was assured that it will be a world class project with all amenities and the plots would be handed over to the complainant within three years from the date of registration.
3.                   Accordingly, the complainant paid a sum of Rs.10,000/- vide receipt No.3356 dated 01.08.2011 which was adjusted towards membership charges. The complainant had agreed to purchase 100 Sq. yard plot @Rs.12,000/- per Sq. yard. Thus, the total cost of the plot was Rs.12,00,000/-. The OPs also issued share certificate to the complainant.  Complainant has paid following amounts on different dates as demanded by the OPs towards cost of plot, EDC, IDC and PLC:-

 

 

4.                    Vide letter dated 03.08.2015 the OPs allotted Plot No.97Min Sector 110-111-112 Mohali, measuring 100 Sq. yards to the complainant. Even the condition for possession of plot by the OPs was two years from the date of registration i.e. 01.08.2011, the OPs were required to deliver the possession of the plot to the complainant by 01.08.2013. Since the OPs have failed to deliver the possession, thus, the complainant is entitled for refund of the amount along with interest @18% per annum. The OPs have indulged in unfair trade practice and deficiency of service. It was a condition stipulated that the physical possession of the plot will be handed over not later than three years of the registration. The registration of the complainant was done on 01.08.2011. Thus, the delivery of the plot was to be made by 01.08.2013 and accordingly the OPs have failed to deliver the possession even after the expiry of stipulated period i.e. 01.08.2013, which has resulted in deficiency in service on the part of the OPs.
5.                       Notice of this complaint was given to the OPs. Sh. P.S. Walia, adv, counsel appeared for OPs and filed written statement on behalf of OPs stating that the present complaint is not maintainable as the complainant has concealed the material facts from the Hon’ble Commission and moreover the complainant has not performed his part of the contract entered with the society i.e. OP no.1 and complainant has not sought the relief of possession. As per terms and conditions entered upon by the complainant with OP No.1 the complainant was required to make the installments as per the schedule referred in Ex.D.1 but the complainant had failed to comply with the terms and conditions and has defaulted the payments and has withheld the said fact from this Hon’ble Commission. The payment receipts attached with the complaint are forged and fabricated one in connivance with other competitor of OP No.1 with a view to damage the reputation and the project of OP No.1 & 2.

Even OP no.1 and 2 are ready to hand over the possession of the plot/flat booked by the complainant, if the complainant is ready to make the remaining balance consideration amount as per the contract/agreement entered upon towards the purchase of plot/flat. The possession was to be handed over to the members when the terms and conditions were fulfilled and complete payment was to be made as per the schedule. But the complainant has not complied with the same due to which possession was not delivered and moreover repeated demands were made to the complainant from OP No.1 through various communications, but the complainant failed to comply with the same.  So the OPs denied all other allegations of the complaint and prayed for dismissal of complaint.

6.                      The complainant in his evidence has furnished his affidavit in support of the complaint and reiterating the facts contained in the complaint as Ex.C-1/A and he also proved copy of application for membership as Ex.C-2 copy of share certificate as Ex.C-3, copy of receipts dated 05.01.2012, 12.06.2012, 09.08.2015, 22.06.2015, 12.08.2015 and 24.09.2015 as Ex-C4 and copy of letter of allotment as Ex.C-5, copy of schedule of payment as Ex.D-1 and copy of memorandum of society as Ex-D-2.
7.                          I have heard counsel for parties through VC and gone through the file. The complainant has pleaded in the complaint and has also deposed by way of affidavit Ex.P-1/A that he became member of OP no.1 society and he made a total payment of Rs.12,00,000/- on different dates and he proved the copies of receipts on the file and he has also deposed that he deposited the above-said amount of Rs.12,00,000/- as a price of the plot, EDC, IDC and PLC which was allotted to the complainant by the OPs by writing a letter copy of which is Ex.C-5 but the possession of said plot was never given to the complainant.
8.                      The OPs alleged that the receipts produced by the complainant are forged and the complainant did not make the payment as per terms and conditions  but we find that in para no.8 of the reply the OPs have stated that they were ready to hand-over possession of the plot booked by the complainant if the complainant is ready to make the remaining amount as per contract but we find that the plots were never carved out by the OPs nor any development was made. Even we find that there are number of complaints pending against the OP no.1 and 2 and number of complaints have already been decided against them and they have been directed to return the amounts paid by the members of the society which were received by OP no.2 Navneet Singh with the assurance to provide a plot but the OPs no.1 and 2 never developed any residential colony. In some of the complaints GMADA has been made party and GMADA has alleged that a public notice was issued in the newspaper that the licence provided to the OPs was cancelled by the competent authority.
9.                       Accordingly, we find that the OPs no.1 and 2 made false representation of the facts about the goods and services i.e. allotment of plot and delivery of possession in the stipulated period. The act and conduct of OPs no.1 and 2 are a clear case of misrepresentation which resulted in the injury and loss of opportunity to the complaint. The builder is under the obligation to deliver the possession of plot within a reasonable period. The complainant cannot be said to wait indefinitely to get possession of the plot booked from the facts and evidence brought on record of the complaint it is clearly made out that OPs no.1 and 2 knew from very beginning that they have not complied with the provision of PAPRA(Punjab Apartment and Property Regulation Act & Rules) and would not be able to deliver possession within the stipulated period, thus by misrepresentation in dues to the complainant to book the plot, due to which the complainant has suffered mental agony and harassment. In these circumstances the complainant is entitled to refund of the amount deposited by him along with interest and suitable compensation.
10.                 As per Rule 17 of the “Punjab Apartment and Property Regulation Rules, 1995, framed under Section 45 of PAPRA, it has been provided as under: -

              “17. Rate of interest on refund of advance money upon cancellation of agreement. -The promoter shall refund full amount collected from the prospective buyers under sub section (1) of Section 6 together with interest thereon at the rate of 12% annum payable from the date of receipt of amount so collected till the date of re-payment. :"

11.                As a result of our aforementioned discussion, we accept the complaint of complainant and the OPs no.1 and 2 are directed to refund the amount of Rs.12,65,000/- to the complainant along with interest @12% from the date of payment till the date of refund. The OPs no.1 and 2 are also directed to pay a sum of Rs.25,000/- as litigation expenses. The compliance of this order be made by the OPs no.1 and 2 within a period of 45 days on receipt of certified copy of this order. The copy of this order be provided to the complainant and OP no.2 free of cost and copy of this order be sent to Navneet Singh President, Sky Rock City Welfare Society (Regd.) through District Jail Ropar, where OP no.2 is in custody. The file be return back to the District Consumer Commission, Mohali for consignment.

Announced: 13.12.2021

RDS                                                    

(Pushvinder Singh)

                                                                             President

 

 

                                                                            

(Manjit Singh Bhinder)

                                                                              Member