DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.625 of 2018

                                                Date of institution:  15.06.2018                                                  Date of decision   :  23.07.2019

Tarjit Singh aged about 67 years son of Jagat Singh, resident of H.No.732-A, Surya Enclave, GT Road, Bye Pass, Jalandhar.

…….Complainant

Versus

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

Alternate Address:

Banur Road, Backside CGC College, Landran, Sector 111-112, SAS Nagar (Mohali).

                                                                 ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri Manpreet Singh, counsel for complainant.

                OP Ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

                  Complainant, after becoming member of OP society got booked 100 sq yards of plot in housing project in Sectors 110-111-112 of SAS Nagar (Mohali) in 2011 for total sale consideration of Rs.11.00 lakhs. On being asked, complainant deposited following amounts with OP:

                In this way total amount of Rs.12,50,000/- had been deposited by complainant with OP on above referred dates. Share certificate in favour of complainant was issued regarding 100 sq. yards of plot on 31.10.2012. Besides, allotment letter was issued in 2013. Due to some clerical mistake date of application for allotment was mentioned as 09.07.2013 by officials of OP, despite the fact that complainant applied for the same in 2011 and that mistake was corrected. As per Clause-13 of allotment letter possession of plot was to be delivered within 3 months from the date of allotment i.e. by 2016, but OP failed to handover possession till date. EDC and IDC charges even got deposited from complainant through above deposited amounts. It is claimed that complainant on enquiry came to know that no construction/development on the site had taken place and OP virtually had abandoned the project. By pleading deficiency in service and adoption of unfair trade practice by OP, this complaint filed for seeking refund of deposited amount with interest @ 9% per annum from the dates of deposit till date of filing of complaint. Litigation expenses of Rs.30,000/- and compensation for mental agony and harassment of Rs.1.00 lakh more claimed.

2.             Earlier OP appeared through Shri Atul Nathalia, Advocate, but later on none appeared for OP and as such OP was proceeded against ex-parte.

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-14 and thereafter his counsel closed evidence. 

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             Perusal of receipt Ex.C-1 establishes that an amount of Rs.10,000/- was deposited by complainant on 07.07.2011, whereas perusal of receipts Ex.C-2 and Ex.C-3 further establishes that Rs.2,75,000/- each were deposited on 01.01.2011 and 11.05.2012; whereas Rs.55,000/- deposited on 05.06.2012 through receipt Ex.C-4; Rs.2,75,000/- deposited on 20.10.2012 through receipt Ex.C-5; Rs.75,000/- deposited on 20.10.2012 through receipt Ex.C-6; Rs.1,10,000/- deposited on 29.01.2015 through receipt Ex.C-7; Rs.75,000/- deposited on 15.09.2015 through receipt Ex.C-8 and Rs.1,00,000/- deposited on 17.05.2016 through receipt Ex.C-9.  So certainly complainant able to establish as if amount of Rs.12,50,000/- deposited by him with OP on above referred dates. Despite deposit of full sale consideration amount, development work not carried on the spot. Even share certificate Ex.C-10 and provisional allotment letter Ex.C-11 have been issued in favour of complainant. As per Clause-13 of allotment letter Ex.C-11, possession was to be delivered within 36 months from the date of allotment. Ex.C-12 to Ex.C-14 are letters produced to show that complainant on being asked by OP deposited EDC and IDC charges. However, despite these deposits, OP is not in a position to handover possession because no development work carried on the spot and as such certainly OP adopted unfair trade practice. In view of this and in view of Sections 6 and 12 of PAPRA Act read with Regulation 17 thereof, complainant entitled for refund of deposited amount with demanded interest @ 9% per annum from the dates of deposit till payment. This interest @ 9% per annum allowed in view of demand of that rate of interest even though permissible rate may be 12% per annum. In view of demand of interest @ 9% per annum it is obvious that complainant has himself abandoned claim regarding 3% per annum interest rate.

6.             As a sequel of above discussion, complaint allowed ex-parte with direction to OP to refund received amount of Rs.12,50,000/- (Rs. Twelve Lacs Fifty Thousand only) with interest @ 9% per annum from the dates of deposits  till payment. Compensation for mental agony and harassment of Rs.20,000/- (Rs. Twenty Thousand only) and litigation expenses of Rs.5,000/- (Rs. Five Thousand only) more allowed in favour of complainant and against  OP.  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 be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

July 23, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member