DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.
Consumer Complaint No. 388 of 10/10/2017
Decided on: 18/09/2019
Jasbir Singh S/o Sh. Jaswahnt Singh R/o H. No.15, Gali No.9, Anand Nagar-B, Patiala. ...Complainant Versus
1. M/s Nature Heights Infra Ltd., 9, Sunder Nagri, Abohar through its Managing Director.
2. M/s Nature Heights Infra Ltd. SCF-18, Dukhniwaran Sahib Road, Opp. Modern Sen. Sec. School, Patiala through its Manager. ....Opposite Parties
Complaint under Section 11 to 14 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Inderjeet Kaur, Member
Sh. B. S. Dhaliwal, Member
ARGUED BY:
Sh. Harry K. Singla Adv. counsel for complainant.
Opposite Parties: Ex-parte.
ORDER
B. S. DHALIWAL, MEMBER
1. This complaint is filed by Jasbir Singh (hereinafter referred to as the complainant) U/S 12 of Consumer Protection Act,1986 (hereinafter referred to as the Act) against M/s Nature Heights Infra Ltd. and others (hereinafter referred to as Opposite Parties).
2. The brief facts of the complaint are that the OPs have entered into an agreement to sell dt.18/10/2011 in favour of the complainant with regard to land measurind 1500 sq. feet. situated at village Badingali, Tehsil Mukerian, District Hoshiarpur for a sale consideration of Rs.1,87,500/-. The said amount was to be paid by the complainant in four installments i.e. Rs.46,875/- of each installment.
3. It is contended that the complainant has paid the first installment of Rs.46,875/- and also paid second installment on 17.11.2012 of Rs.46,875/- and thereafter paid third installment on 4.12.2013, totaling Rs.1,40,625/-. At the time of agreement it was also agreed and settled that the complainant shall be at liberty to get the sale deed of the land in his favour or to get his amount refunded alongwith 13% per annum interest.
4. It is also contended that the complainant approached the opposite parties number of times to pay the fourth installment, but none of the employee of the opposite party was in the office to receive the said installment. The complainant contacted the opposite party again and again to pay the forth installment, but all the efforts of the complainant goes in vain, as there is nobody in office of the OPs to receive the amount. The complainant is still ready to pay the forth installment, but the opposite parties never received the last installment from the complainant. The complainant refularly paid all the three installments and is ready to pay the forth and last installment, but the OPs failed to deliver the possession of land and to execute the sale deed in favour of the complainant, as such the opposite parties have breached the terms and conditions of the agreement. The opposite parties have committed deficiency in service and also indulged in unfair trade practices by not receiving the last installment and by not executing the sale deed in favour of the complainant or by not delivering the possession. OPs also failed to refund the amount of Rs.1,40,625/- which was paid by the complainant in three installments, along with interest @ 13 % per annum.
5. It is further alleged that ultimately finding no other alternative, the complainant got served a legal notice dt.12/9/2017 upon the opposite parties and the OPs were requested to either to pay the above said amount of Rs.1,40,625/- alongwith interest @ 13 % per annum, or to get the sale deed executed and delivered the possession of the above said plot, after receipt of fourth installment from the complainant within the period of 15 days, but the OPs neither responded to the legal notice nor did the needful.
6. It is also alleged that due to the above said facts and circumstances, the OPs indulged in harassing and humiliating the complainant and due to this reason the complainant has suffered a huge mental agony, tension, harassment and humiliation.
7. On the background of these facts, complainant has prayed that the complaint of the complainant may kindly be accepted and the OPs may kindly be directed either to pay the above said amount of Rs.1,40,625/- alongwith interest @ 13% per annum, or to get the sale deed executed and delivered the possession of the above said plot, after receipt of fourth installment from the complainant and to pay Rs.50,000/- on account of mental agony and physical harassment and Rs.11,000/- as litigation expenses.
8. On notice, the OPs failed to come present despite service and were accordingly proceeded against ex-part.
9. In evidence, the ld. counsel for the complainant has tendered Ex.CA affidavit of the complainant alongwith documents Ex.C-1 copy of agreement for sale, Ex.C-2 to Ex.C-4 copies of payment receipts, Ex.C-5 copy of legal notice, Ex.C-6 & Ex.C-7 copy of postal receipts and closed the evidence.
10. We have heard the ld. counsel for the complainant and have also gone through the record of the case carefully.
11. The ld. counsel for the complainant asserted the same contentions as already pleaded in the complaint. Complainant has booked the plot in issue for a consideration of Rs.1,87,500/- upon the allurement of OPs that, they will develop the colony with world class facilities and deposited an amount of Rs.1,40,625/- in three equal installments of Rs.46,857/- on 12.10.2011, 17.11.2012 & 4.12.2013 respectively with the OPs office stationed at Patiala. OPs have deserted their office at Patiala. OPs have neither provided the possession of the booked plot nor refunded the deposited money and as such OPs have indulged in unfair trade practice. Therefore, OPs be directed to refund the amount already lying deposited with the OPs alongwith interest or provide the possession of the plot after receiving the fourth installment.
12. The perusal of agreement to sell, Ex.C-1 reveals that the complainant booked a plot with OPs for a consideration of Rs.1,87,500/- out of which Rs.1,40,625/- was paid in three installment. This fact is corroborated vide receipts, Ex.C-2 to Ex.C-4. A legal notice dated 12/09/2017 Ex.C-5 was sent to the OPs for refund of the deposited money, but the OPs neither responded to the ibid notice nor refunded the amount. Contentions of the complainant have gone un rebutted as the OPs instead of contesting the case have preferred not to appear before this Forum. Thus, there is no reason to disbelieve the contentions of the complainant.
13. The whole purpose of pleadings is to give fair notice to each party of which the opponent’s case is and to ascertain with precision the point(s) on which the parties agree and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made there are deemed to have been admitted. No amount of proof can substitute pleadings, which are the foundation of the claim of the parties. The Opposite parties did not appear before this Forum despite service and presumption of service was raised and it was proceeded against ex-parte. Thus, the evidence adduced by the complainant remains un rebutted . In view of this all the averments made in the complaint are deemed to have been admitted by the opposite parties and an adverse inference is to be drawn against them.
14. While analyzing the receipt, Ex.C-2 to Ex.C-4 it is evident that the complainant had paid a sum of Rs.1,40,625/- in three installments on 12.10.2011, 17.11.2012 & 4.12.2013. Since the OPs have failed to abide by the contract entered into with the complainant, therefore, they are liable to refund the amount to the complainant lying deposited with it alongwith interest. In catena of cases, where the complainants/ allotees have sought the refund of the amount deposited by them, due to delay in handing over of the possession of the units by the Ops, the Hon’ble National Commission has directed the builders/developers to refund the amount deposited by the allottee/investors/complainant alongwith interest @ 12% per annum. It may be stated that in the case of Ms. Sneh Sood Vs. M/s Bajwa Developers Ltd., our own Hon’ble State Commission, vide its order dated 23.2.2017, has held that “ if the promoter/builder fails to give possession in accordance with the terms of the agreement of a plot or an apartment then it is liable to refund the amounts already received in respect of the plot or apartment with simple interest @ 12% per annum, as per Section 12 of Punjab Apartment and Property Regulations Rules,1995, read with rule 17 of Rules framed there under. In view of the law laid down by the higher courts, in the present case also the complainant is entitled to get interest @12% per annum from the respective dates of deposits till the date of actual payment. He is also entitled to get compensation on account of mental agony and physical harassment suffered by him alongwith litigation expenses.
15. In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner:
To refund the amount of Rs.1,40,625/- to the complainant alongwith interest @12% per annum from the date of deposits till its realization.
To pay Rs.15,000/- as compensation for causing mental agony and physical harassment to the complainant.
To pay Rs.5,000/- as litigation expenses.
16. The OPs are further directed to comply with the order within a period of 45 days from the date of the receipt of the certified copies of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
17. The complaint could not be decided within statutory period due to heavy pendency of cases.
ANNOUNCED
DATED:18/09/2019
B. S. DHALIWAL INDERJEET KAUR
MEMBER MEMBER
