Haryana

Karnal

CC/221/2017

Subhash Chand - Complainant(s)

Versus

Yudhir Singh, Incharge Soni Realtors Private Limited - Opp.Party(s)

Jaswant Singh

13 Dec 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                          Complaint No.221 of 2017

                                                         Date of instt. 14.07.2017

                                                         Date of decision:13.12.2018

 

Subhash Chand son of Harbans Singh, VPO Sandhir, Tehsil Nilokheri, District Karnal.                                                                                                                               

    …….Complainant

                                        Versus

 

1.  Yudhbir Singh, Incharge. Soni Realtors Private Limited, Sector-32A, near Noor Mahal Hotel, Karnal.

2. Shri V.N.Jha, Cash Soni Group, Sector-32 and 32A, GNG Tower, Plot no.10, 3^rd floor, Sector-44, Gurgaon.

3. Soni Realtors Pvt. Ltd. through its Managing Director/authorized signatory sector-32 and 32A, GNG Tower, plot no.10, 3^rd floor, Sector-44, Gurgaon.

   

      …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary………Member

 

 Present   Shri Jaswant Singh Advocate for complainant.

                Opposite parties exparte.

               

                (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that the complainant on the assurance given by the OPs that the company is going to construct a big shopping mall in the way of Noor Mahal to Budha Khera  and also assured to the complainant that if the complainant get booking of the shop at this time it will be beneficial in future and on the assurance of OPs complainant booked a shop no.93, area 250 sq. feet corner at first floor after showing the project/map on 28.12.2011 and payment plan total valuing Rs.13,75,000/- each shop on first floor. The complainant booked the shop for his self employment and for earning his livelihood. OPs received an amount of Rs.3,26,500/- on account of booking of the said shop. Thereafter, complainant visited the office of the OPs so many times but OPs given assurance that shopping of Soni Realtors Hub will be constructed soon and then possession will be given to the complainant within a short period i.e. 42 months of the booking. But till today OPs are postponing the matter on one pretext or the other and till today OPs have not started any construction on the site. Thereafter, complainant requested the OPs to cancel the booking of shop no.93 and refund the amount of Rs.3,26,500/- with interest but OPs did not pay any heed to the request of complainant. Then complainant sent a legal notice dated 15/16.02.2017 to the OPs in this regard but it also did not yield any result. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs. OPs no.1 and 2 did not appear and they were proceeded against exparte by the order of this Forum dated 5.10.2018. Shri Subodh Gupta Advocate appeared on behalf of OP no.3 but did not file any written version after availing several opportunities including last opportunity. On 31.10.2018 none has come present on behalf of OP no.3 and OP no.3 was also proceeded against exparte, vide order dated 31.10.2018.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C7 and closed the evidence on 27.11.2018.

4              We have heard the counsel for complainant and have also gone through the documents placed on file carefully.

5.             The complainant booked a shop no.93, area 250 sq. ft. with the OPs. The total value of the shop was Rs.13,75,000/- . Complainant paid Rs.3,26,000/- to the complainant, vide receipt Ex.Ex.C1 and Ex.C2. As per allegations of the complainant that at the time of booking OPs assured that the complainant that possession of the shop would be handed over to the complainant within 42 months of the booking and also assured that if the OPs were failed to construct the same, booking of shop of complainant would be cancelled and return the deposited amount with interest. The OPs were failed to construct the shop within stipulated period then complainant demanded the deposited amount with interest but OPs were failed to do so. In support of his version complainant placed on file his affidavit Ex.CW1/A and documents Ex.C3 to Ex.C7. To rebut the evidence of the complainant OPs did not appear and opted to be proceeded against exparte. Thus, evidence of the complainant has gone unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. It was the duty of the OPs they handed over the possession of the shop within stipulated period if they failed to do so then they are liable to refund the amount of Rs.3,26,000/- to the complainant with interest but OPs did not do so. Hence, it is well proved that the service of the OPs was deficient.

6.             As a sequel to the foregoing reasons, we accept the present complaint and direct the OPs to refund the amount of Rs.3,26,000/- to the complainant with interest @ 12% per annum from the date of deposit till its realization.  We further direct the OPs to pay Rs.10,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses.. The entire amount be paid by the OPs to the complainant within period of 45 days from the date of receipt of the order otherwise it will carry interest @ 15% per annum till realization and it calls for pointed notice that under section 27 of the Act, if the OPs fails or omits to comply with this order, it shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to 3 years or fine or both The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 13.12.2018

                                                                        President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

 

                     (Vineet Kaushik)     (Dr. Rekha Chaudhary) 

                        Member                       Member