BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 32 of 2016
Date of institution: 13.01.2016
Date of Decision: 21.03.2016
1. Ajit Pal Singh son of Nihal Singh.
2. Mrs. Jasreen Kaur wife of Ajit Pal Singh
Both residents of 1562-A, Sector 41-B, Chandigarh.
……..Complainants
Versus
1. The Sky Rock City Welfare Society, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali through its President Navjeet Singh.
2. Navjeet Singh, President, The Sky Rock City Welfare Society, Site Office 111-112, Near CGC College, Landran, SAS Nagar, Mohali.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Mrs. R.K. Aulakh, Member.
Present: Shri D.S. Sandhu, counsel for the complainants.
Opposite Parties exparte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainants have filed the present complaint seeking following direction to the Opposite Parties (for short ‘the OPs’) to:
(a) to refund to the complainants amount of Rs.10,10,000/- alongwith interest @ 18% per annum .
(b) to pay to the complainants Rs.5,00,000/- as compensation for mental agony, harassment and humiliation.
(d) to pay to the complainant Rs.1,10,000/- as costs of litigation.
The case of the complainants is that after going through the advertisements and tall claims made by the OPs, they paid a sum of Rs.10,000/- plus Rs.25,000/- to the OPs vide receipt dated 29.06.2013 towards membership and transfer charges for purchase of plot measuring 100 sq. yards @ Rs.10,000/- in the housing project namely Sky Rock City of the OPs, on the terms and conditions as mentioned on the overleaf of receipt dated 29.06.2013. After that the complainants made payments of Rs.1,00,000/- on 20.09.2013, Rs.7,25,000/- on 09.08.2013. Thereafter the complainants met OP No.2 when they were assured that if they made further payment of Rs.1,50,000/-, the complainants would be delivered possession of the plot within 15 days and their names would be included in the draw of lots for the plot number. Accordingly, the complainants made payment of Rs.1,50,000/- vide cheque dated 11.03.2015 which was duly received by the OPs. The complainants met OP No.2 in April, 2015 and requested him to handover the possession of the plot or to refund the amount but OP No.2 flatly refused to refund the amount. The complainants also requested the OPs to refund the money vide their letter dated 25.04.2015. As per the conditions for refund of the amount from the OPs, if the applicants does not want to continue they would be refunded the entire amount with prevailing interest per annum after one year from the date of registration. Thus the complainants are entitled for refund of the amount. Till date the OPs have not refunded the amount to the complainants. Thus, with these allegations the complainant has filed the present complaint.
2. Registered notice sent to the OPs received back with the report of ‘Refusal’. Accordingly, the OPs were proceeded against exparte vide order dated 02.03.2016.
3. Evidence of the complainants consists of affidavit of complainant No.1 Ex.CW-1/1 and copies of documents Ex.C-1 to C-5.
4. We have heard learned counsel for the complainant and have gone through the written arguments filed by him.
5. The complainants have deposited an amount of Rs.10,10,000/- as a part consideration i.e. earnest money and EDC charges against the agreed sale consideration for 100 sq. yard plot @ Rs.10,000/- per sq. yard. The total amount as per the complainants has been paid vide receipts Ex.C-1 to C-4. The payment of such amount to the OPs has been duly proved by the complainant. There is no application or allotment containing terms and conditions have been produced on record. As per the complainants these documents were never issued to them by the OPs.
6. As per the complainants, the OPs have assured them verbally that their names will be put in the draw of lots for eligible candidates which were to be held on 01.04.2015. However, the complainants learnt that their names were never put in the draw of lot and, therefore, disbelieving the promises of the OPs, the complainants moved an application dated 25.04.2015 seeking refund of the money and cancellation of booking of plot vide Ex.C-5. The said letter has been duly received and acknowledged by the OPs as is evident from the signatures, date and office seal of the OPs on the body of the letter. The complainants have not received the refund of the deposited amount which as per term 4 of terms and conditions mentioned in Ex.C-3 the OPs were to pay/refund them alongwith prevailing interest per annum after one year from the date of registration.
7. The date of registration as per the complainants is 29.06.2013 Ex.C-3 and they had made request for refund vide Ex.C-5 dated 25.04.2015. Therefore, one year from registration has already lapsed in the year 2014. Once the OPs have taken upon themselves vide terms and conditions Ex.C-3, to handover the possession of the plot within two years from the registration/requisition and have failed to do so, the OPs are in no manner entitled to retain the deposited amount. The complainants are entitled to refund of the deposited amount alongwith interest as per terms and conditions of Ex.C-3. Therefore, the act of the OPs for not abiding by the duly signed terms and conditions is unfair trade practice which is writ large on the part of the OPs.
8. The complainants have, therefore, proved their complaint for non refund of deposited amount alongwith interest by the OPs and have adopted unfair trade practice as defined under Consumer Protection Act. Therefore, the complainants deserve to receive back their deposited amount alongwith interest @ 12% per annum w.e.f. from the dates of respective deposit till realisation. The grant of said rate of interest on the deposited amount is in consonance with the orders passed by the Hon’ble Punjab state Consumer Disputes Redressal Commission in Brigadier B.S. Taunque (Retd.) & others Vs. M/s. Sangeetashree Builders & Developers International Private Limited & Others, 2014(2) CLT 401. The complaint, therefore, deserves to be allowed and the complainants deserve to be compensated. While arguing the matter on compensation, the counsel for the complainant has relied upon the latest order of the Hon’ble Punjab State Consumer Disputes Redressal Commission in Rekha Gupta vs. Sky Rock City Welfare Society (Regd.) in Consumer Complaint No.143 of 2015 decided on 08.02.2016 wherein the Hon’ble State Commission has directed the OPs to refund principle deposited amount i.e. Rs.16,20,000/- alongwith interest and awarded a compensation of Rs.2.00 lacs to the complainant. We have no reason to disagree with the order of the Hon’ble State Commission as its ratio is fully applicable to the facts of the case in hand.
9. In view of above discussion, the complaint is allowed with the following directions to the OPs;
(a) to refund to the complainant amount of Rs.10,10,000/- (Rs. Ten Lacs ten thousand only) alongwith interest @ 12% per annum from the respective dates of deposit of different amounts till the date of actual payment.
(b) to pay to the complainant lump sum compensation of Rs.1,00,000/- (Rs. One lac only) for mental agony, harassment and costs of litigation.
Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.
Pronounced.
March 21, 2016.
(Mrs. Madhu P. Singh)
President
(Mrs. R.K. Aulakh)
Member
