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

Consumer Complaint No.1379 of 2018

                                                Date of institution:  24.12.2018                                         Date of decision   :  01.12.2021

Abhinav Bharti son of Shri M.P. Arora, presently residing at Flat No.66, Ashtha Enclave-II, Near Dushehra Ground, Kharar (Punjab).

…….Complainant

Versus

1.     M/s. Bajwa Developers Limited, Registered Office, SCO 17-18, Sunny Enclave, Desu Majra,  Tehsil Kharar, District SAS Nagar, Mohali, Punjab through its Managing Director Shri J.S. Bajwa son of Shri Bishan Singh.

2.     Shri J.S. Bajwa son of Shri Bishan Singh, Managing Director of M/s. Bajwa Developers Limited, Registered Office, SCO 17-18, Sunny Enclave, Desu Majra, Tehsil Kharar, District SAS Nagar, Mohali, Punjab.

                                                            ……..Opposite Parties

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Ms. Gagandeep Gosal, Member

Present:    Shri Anish Gautam, counsel for the complainant.

                None for the OPs.

Order dictated by :-  Shri Sanjiv Dutt Sharma, President.

Order

               The present order of ours will dispose of a complaint under Consumer Protection Act, filed by the complainant (hereinafter referred to as ‘the CC’ for short) against the Opposite Parties (hereinafter referred to as ‘the OPs’ for short), on the ground that the CC was approached by the representative of the OPs  describing the plans for proposed construction situated at F 21, Mohali Sector 74-A, 117.  The CC on 20.04.2011 booked one Flat No.1BHK BR No. (587): 1487, measuring 450 sq. ft. (approx.) Sunny Apartment, F 21, Mohali Sector 74A, 117. Agreement dated 12.05.2011 was executed between the CC and the OPs.  The cost of the flat was Rs.12,50,100/-. The CC paid a total sum of Rs.6,25,700/- to the OPs on different dates which has been acknowledged by the OPs on the back side of the first page of the agreement dated 12.05.2011. The CC approached the OPs many a times for execution of sale deed, but every time the OPs extended the time for execution of the sale deed.  It is averred that at the time of making payments, the OPs had assured that they have all the requisite permissions/sanctions from the State Govt.  The CC after visiting site found that the OPs have not started any development work at the site. It is averred that the amount has been received by OPs, without obtaining sanctions, approvals, and permissions from competent authorities. The CC vide letter dated 18.10.2018 requested the OPs to refund the money deposited by him alongwith interest @ 18% and damages/compensation.  

2.             In reply, filed by OPs, number of preliminary objections have been raised on the ground that relationship of consumer and service provider does not exist between the CC and the OPs; complaint is barred by limitation and this Commission has no jurisdiction. It is averred that the last transaction took place on 12.04.2012, but this complaint has been filed in 2018 which is barred by limitation. It is further pleaded that the apartment in question was to be allotted to economically weaker sections of the society, due to which the CC was required to submit income certificate from the competent authority showing that his income from all sources does not exceed Rs.3.00 lakhs per annum. It is further averred that certificate of complainant as domicile of Punjab was also required to be submitted alongwith affidavit that the CC or his spouse or dependent children do not possess any flat/apartment in the vicinity of Mohali, Chandigarh and Panchkula which has not been submitted by the CC.  It is further averred that the CC had failed to fulfill the condition laid down in Clause-7 of agreement.  Thus, denying any deficiency in service on their part, the OPs have prayed for dismissal of the complaint.

3.             In support of his complaint the CC submitted his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-3.  On the other hand counsel for OPs submitted affidavit of Shri Baldev Singh Bajwa, Director.

4.             We have heard learned counsel for the complainant and have gone through the record.

5.             It is admitted fact that the CC has purchased one BHK flat BR No.(587) from the OPs by agreeing to pay Rs.12,50,100/- However, amount of Rs.6,25,700/- was paid by the CC on different dates to the OPs,  regarding which endorsements has been made on back side of first page of agreement dated 12.05.2011. Thus, relationship of consumer and service provider exist between the parties.

6.             It is the case of the CC that requisite sanctions and approval by the OPs from concerned authorities were not obtained at the time of acceptance of amounts from the CC.  It is also the case of the CC that OPs have not carried out construction activity on the spot.  OPs have not produced on record any document to show that such construction was carried on the spot immediately after the acceptance of amounts in question. Being so, the OPs misled the CC that requisite sanctions/approvals have already been obtained by them.

7.             It is pleaded by the OPs, in the written version that the CC had failed to fulfill the terms and conditions of agreement or bye laws providing for allotment of EWS category flat and as such agreement in question is void. Certainly after going through the agreement, it is made out that flat in question allotted to complainant was subject to fulfillment of terms and conditions, requisite for allotment of flat to EWS category. Even if the CC failed to submit requisite declaration for showing his entitlement to the EWS category flat in question, despite that agreement at the most can be declared as voidable at the option of OPs, if they want to treat it as void.

8.             In view of above discussion, we allow the present complaint against the OPs. The OPs are jointly and severally directed to refund Rs.6,25,700/- (Rs. Six Lakhs Twenty Five Thousand Seven  Hundred only) to the CC alongwith interest @ 9% per annum from the dates of deposits  till payment. The OPs jointly and severally are further burdened to pay a lump sum compensation to the tune of Rs.20,000/-  (Rs. Twenty Thousand only) for mental agony and harassment and costs of litigation.  Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

December 01, 2021

                                                                (Sanjiv Dutt Sharma)

                                                                President

                                                       I Agree.

(Ms. Gagandeep Gosal)

Member