DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
PATIALA
Consumer Complaint No.244 dt.22/06/2017 Decided on: 22/10/2020
Gurjant Singh aged about 56 years son of Sh. Sucha Singh, Resident of Village Saifalpur, Tehsil and District Fatehgarh Sahib.
...Complainant
Versus
1. M/s Nature Heights Infra Limited, IInd Floor Dainik Bhaskar Building, Sector 25, Chandigarh through its Director/ Authorised Signatory Dropti Rani and Baljinder Singh.
2. Dropti Rani, Director/ Authorised Signatory of M/s Nature Heights Infra Limited, IInd Floor Dainik Bhaskar Building, Sector 25, Chandigarh.
3. Baljinder Singh, Director/ Authorised Signatory of M/s Nature Heights Infra Limited, IInd Floor Dainik Bhaskar Building, Sector 25, Chandigarh.
…Opposite Parties
Complaint under Section 11 to 14 of the Consumer Protection Act, 1986.
QUORUM
Sh. Jasjit Singh Bhinder, President Sh. Vinod Kumar Gulati, Member
ARGUED BY:
Sh. V. P. Shukla Adv. counsel for complainant.
Opposite Party No.1 Ex-parte.
Complaint against OPs No.2 & 3 is dismissed as withdrawn.
ORDER
JASJIT SINGH BHINDER, PRESIDENT
1. Gurjant Singh complainant has filed this complaint under Section 11 to 14 of the Consumer Protection Act, (hereinafter referred to as the Act) against the Opposite Party namely M/s Nature Heights Infra Limited & Ors. ( hereinafter referred to as the OPs).
2. Brief facts of the case is that OPs No.2 & 3 being the Directors and Authorized signatories of OPs office at Chandigarh with an intent to play fraud and cheating with the general public grab the valuable amount of the innocent people by way of alluring the general public and that they were given full training how to take the customer in their confidence approached the complainant allured the complainant stating that there is a good and profitable company which is known as M/s Nature Heights Infra Limited. It is alleged that agent of the OPs allured the complainant that if he will be ready to purchase the plot from the OPs then complainant will get the rent of Rs.7500/- per month during the period of six years from the date of execution of the agreement. Under such false allurement of the OPs, complainant agreed to purchase the plot from the OP and that complainant paid Rs.5,00,000/- in cash and full payment-cum-sale agreement to sell was executed on 23/6/2014 by the OPs for the sale of 43250 Sq. Ft property situated in Village Khedi Devnala, Tehsil Multani, District Betul, Madhya Pardesh, India.
3. It is alleged that OPs failed to comply with the terms and conditions of the full payment-cum-sale Agreement dt.23/06/2014 and also failed to pay the rent amount of Rs.7500/- per month rather harassed, humiliated the complainant unnecessarily due to which the complainant suffered mentally as well as physically. After repeated requests to the OPs, OPs further played fraud and cheating with the complainant got issued a cheque bearing no.799876 dt. 21/10/2016 for an amount of Rs.24000/- drawn on Punjab National Bank branch at Gaushala Road Abohar ( Ferozepur) out of the account of M/s Nature Heights Infra Limited having Account No.3449005500210212 as part payment of the rent/ lease amount. The said cheque has been dishonoured and has not been encashed by the bank of the OPs as such complainant has filed the complaint u/s 138 of the Negotiable Instrument Act read with Section 420 of the Indian Penal code with the JMIC Patiala. Complainant is legally entitled to recover the amount of Rs.5,00,000/- along with 24 % interest from the date of full payment-cum- Sale Agreement executed till the realization of the full and final payment and complainant is also entitled to get the damages of Rs.5,00,000/- from the OPs. Hence this complaint.
4. On being put to notice, the OP No.1 failed to come present despite service and were accordingly proceeded against exparte. Complaint against OPs No.2 & 3 is dismissed as withdrawn vide the statement dt.09/08/2017 made by the ld. Counsel for the complainant.
5. Gurjant Singh complainant has tendered in evidence Ex.CA his duly sworn affidavit alongwith documents Ex.C-1 copy of agreement to sell, Ex.C-2 copy of cheque, Ex.c-3 copy of PO order dt.27/11/2017, Ex.c-4 copy of PO order dt.20/02/2018, Ex.C-5 copy of PO order dt.20/2/2018, Ex.C-6 copy of legal notice, Ex.C-7 copy of postal receipts, Ex. C-8 copy of memo of Bank and closed his evidence.
6. We have heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.
7. Complainant Gurjant Singh has tendered his affidavit as Ex.CA and deposed as per his complaint. He has proved Ex.C-1 as Full Payment-cum-Sale Agreement, Ex.C-2 is the copy of cheque of Rs.24000/- which was issued by the OPs, which was dishonoured. Ex.C-3 is copy of order dt.27/11/2017 passed by the Ld. JMIC Patiala, Ex.C-4 & Ex.C-5 are the copies of order dt.20/02/2018 passed by the Ld. JMIC Patiala, Ex.C-6 is the Notice U/s 138 of Negotiable Instruments Act and Sec.420 of I. P. C.
8. So it is clear that OPs have violated the terms and conditions of the Full Payment- cum - Sale Agreement Ex.C-1, therefore, complainant is entitled to get the refund of the amount i.e. Rs.5,00,000/- deposited by him with the OPs alongwith interest @ 12% from the date of the execution of the Full Payment- Cum- Sale Agreement. The complainant is also entitled to the cost of Rs.25,000/- from the Opposite party. Compliance of the order be made by the OPs within a period of 45 days from the date of receipt of the certified copy of this order.
ANNOUNCED*
Dated: 22/10/2020
Vinod Kumar Gulati Jasjit Singh Bhinder Member President
