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

                                        Consumer Complaint No.89 of 2016

                                                Date of institution:  15.02.2016                                         Date of decision   :  31.08.2017

Sanjeev Kumar son of Anmol Kumar resident of House No.121-B, Postal Colony, Sector 37-A, Chandigarh.

 ……..Complainant

                                        Versus

1.     The Sky Rock City Welfare Society, SCO 672, Sector 70, Mohali, Punjab through its President Navjeet Singh r/o H.No.67, Sector 69, Mohali, Punjab.

2.     Parminder Kaur w/o Navjeet Singh, the General Secretary of the Sky Rock City Welfare Society, r/o H.No.67, Sector 69, Mohali, Punjab and Employee of Sky Rock City.

3.     Sky Rock City Welfare Society, SCO 672, Sector 70, Mohali, Punjab & Its Executive Members.

                                                             ………. Opposite Party

Complaint under Sections 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President                          Shri Amrinder Singh Sidhu, Member.

Mrs. Natasha Chopra, Member.

Present:    Shri Vishal Satija, counsel for the complainant.

None for the OPs.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Sanjeev Kumar has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant submitted an application with the OPs for become member of the Sky Rock City Welfare Society, SAS Nagar by depositing Rs.10,000/- vide receipt dated 21.08.2011. The complainant also submitted application form for allotment of plot measuring 150 sq. yards @ Rs.8100/- per sq. yard at Mullapur. Thereafter, on the asking of the OPs the complainant deposited Rs.1,21,500/-  as part payment of the plot vide receipt dated 21.10.2011. The OPs vide letter dated 25.06.2012 asked the complainant to deposit Rs.2,43,000/-. However, on enquiry by the complainant, he was asked to deposit Rs.1,88,250/- which complainant deposited with the OPs vide receipt dated 24.08.2012. After that despite repeated requests of the complainant, no plot has been allotted to him. The complainant came to know that the OPs have no land in Mullapur for allotment of the plot.  The complainant vide applications dated 20.06.2015 and 06.02.2016 sought refund of the amount from the OPs but till date they are dilly dallying the matter on one pretext or the other. The OPs have quietly pocketed an amount of Rs.3,19,750/- of the complainant and used it for their own purposes. Hence the complainant has sought direction to the OPs to refund him the deposited amount of 3,19,750/- alongwith compound interest @ 18% per annum from the dates of deposit till realisation; to pay him Rs.2.00 lakhs as compensation for mental agony and harassment and Rs.1,00,000/- as costs of litigation. 

3.             The complaint has been contested by the OPs by filing written statement. The Ops in the preliminary objections have pleaded that the complainant himself is guilty of concealing material facts from the Forum. On merits, the Ops have denied the averments of the complainant. The Ops have pleaded that refund shall be given according to Clause 4 if the applicant does not want to continue even after paying some installment, he would be refunded the entire amount paid with 8% interest per annum after three years from the date of requisition.  The Ops have thus sought dismissal of the complaint against them.

4.             In order to prove the case, the counsel tendered in evidence affidavit of the complainant Ex. CW-1/1; copies of application form Ex.C-1; receipts Ex.C-2 and C-3; letter Ex.C-4; receipt Ex.C-6; letters Ex.C-6 & C-7; order of this Forum dated 26.06.2015 Mark-A. The OPs failed to tender evidence despite availing many opportunities. Hence the evidence of the OPs was closed by order on 14.06.2017.

5.             The learned counsel for the complainant has argued that despite making payment of Rs.3,19,750/- vide receipts Ex.C-2, C-3 and C-5, the possession of the plot was not handed over to the complainant within assured period. Learned counsel has prayed that as there since the OPs does not have any land to allot the plot,  the complainant may be got refunded of his deposited amount alongwith compensation for mental harassment and agony as well as costs of litigation. Neither the OPs filed written arguments nor did anybody appear on their behalf for addressing oral arguments.

6.             We have gone through the pleadings, evidence and written arguments of the complainant and heard the oral submissions addressed by the learned counsel for the complainant. Against the price of the plot, the complainant had deposited with the OPs an amount of Rs.3,19,750/- vide receipts Ex.C-2, C-3 and C-5.  When the complainant learnt that the OPs does not have the land for allotment of the plot, he requested the OPs for refund of the amount vide his letter Ex.C-6 followed by reminder Ex.C-7 which have been duly received by the OPs.  Thus, the OPs despite receipt of requests from the complainant have not refunded the amount to him which per se is an act of deficiency in service on their part.  Even the OPs have not lead any evidence to rebut the contentions of the complainant,  the complainant is entitled to refund of the amount so paid by him. The Hon’ble State Consumer Disputes Redressal Commission in a latest decision in Ms. Sneh Sood Vs. M/s. Bajwa Developers Ltd. in Consumer Complaint No.240 of 2016 decided on 23.02.2017 has ordered refund of the deposited amount of the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund.

7.             Accordingly, in view of our aforesaid discussion, we direct the OPs to refund the total deposited amount of Rs.3,19,750/- (Rs. Three lacs nineteen thousand seven hundred fifty only) to the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due the negligent act of the OPs and litigation cost of Rs.10,000/- (Rs. Ten thousand only). The present complaint stands allowed.            

                The OPs are further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 12% per annum from the date of this order till realisation.

                The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 31.08.2017    

                                         (A.P.S.Rajput)           

President

        (Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member