Chandigarh

DF-I

CC/386/2017

Jasvir Singh - Complainant(s)

Versus

M/s Ansal Lotus Melange Projects Pvt. Ltd. - Opp.Party(s)

In Person

22 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/386/2017
Date of Institution	:	04/05/2017
Date of Decision	:	22/08/2017

Jasvir Singh son of Sh. Ajit Singh r/o H.No.18, Village Berkalan, Tehsil Payal, Distt. Ludhiana.

…..Complainant

V E R S U S

1.     M/s Ansal Lotus Melange Projects Pvt. Ltd., SCO 183-184, Sector 9-C, Madhya Marg, Chandigarh through its M.D.

2.     Ansal Lotus Melange Projects Pvt. Ltd., Regd. Office A-1/18 B Asaf Ali Road, New Delhi-110002 through is M.D.

……Opposite Parties

CORAM :	MRS.SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                       

               

ARGUED BY	:	Sh. Munish Gulati, Counsel for complainant
	:	OPs ex-parte

Per Surjeet Kaur, Presiding Member

1.         The facts of the consumer complaint, in brief, are that on 18.4.2014, the complainant booked a service apartment i.e. C-415 and paid booking amount of Rs.98,000/-. The buyer agreement cum allotment letter was entered into between the parties on 6.5.2014.  As per clause 11 of the allotment letter, OPs were to deliver possession within a period of 18 months, but, they failed to do so despite lapse of more than 35 months.  The complainant also served a legal notice dated 3.6.2016 upon the OPs, but, to no avail.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint.
2.         OPs did not appear despite due service, therefore, they were proceeded ex-parte vide order dated 27.6.2017.
3.         The complainant led evidence in support of his contentions. 
4.         We have gone through the record and heard the arguments addressed by the learned Counsel for the complainant.
5.         It is evident from page 10/11 of the paper book that the complainant booked a service apartment i.e. C-415 by paying booking amount of Rs.98,000/- to the OPs.  On 6.5.2014, a buyer agreement cum allotment letter (at page 12 of the paper book) was entered into between the complainant and the OPs. As per clause 11 of the said agreement, the OPs had to deliver possession within a period of 18 months, but, despite passage of more than 36 months, the OPs failed to construct the project and deliver possession. In such circumstances, the complainant served a legal notice dated 3.6.2016 (at page 23 of the paper book) upon the OPs and sought refund, but, that too had no effect. In support of his contentions made in the complaint, the complainant has tendered his duly sworn affidavit.
6.         Pertinently, the OPs chose not to appear before this Forum and were proceeded ex-parte vide order dated 27.6.2017. Therefore, the evidence produced by the complainant has gone unrebutted.
7.         We are of the considered view that the complainant is not expected to wait indefinitely for no fault on his part. The complainant has been harassed a lot by the OPs in accepting the money from him, but, taking no steps to complete the project.  Failure on the part of the OPs to honour their commitments, therefore, amounts to deficiency in service.  Hence, the complainant is entitled to refund of the deposited amount alongwith interest and compensation for the harassment undergone by him.
8.         In view of the above discussion, we are of the opinion that the present complaint deserves to succeed. The same is accordingly partly allowed. The OPs are directed as under :-

1. To refund the amount of Rs.98,000/- to the complainant alongwith interest @ 7% per annum from the date(s) of deposit till realization;
2. To pay Rs.50,000/- as compensation for mental agony and harassment caused to the complainant;
3. To pay Rs.10,000/- as costs of litigation. 

9.         This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 9% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
22/08/2017	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member