Chandigarh

DF-II

CC/91/2021

Gagandeep Grewal - Complainant(s)

Versus

Shree Mahavir Patwa Developers and Constructions Pvt. Ltd. - Opp.Party(s)

Raghav Sharma adv

01 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	91 of 2021
Date of Institution	:	09.02.2021
Date of Decision	:	01.03.2023

 

                                       

                       

 

Gagandeep Grewal, aged about 33 years, s/o Sh.Kamaljeet Grewal, R/o H.No.1244, Sector 21-B, Chandigarh

 

…….Complainant

 

VERSUS

 

1]  Shree Mahavir Patwa Developers and Construction Pvt. Ltd., having its Head Office at Vijay Nagar, Jari Mari, Kurla Andheri Road, Mumbai 400072 through its Director Sh.Rajesh Chhanganlal Patwa

 

2^nd Address:- City Survey No.172, 173, 174, 17, 176, Mahavir Galaxi, Village Paygaon, Near Kharbao, Kaman Vasai Bhiwandi Road, Thane.

 

2]  Sh.Rajesh Chhanganlal Patwa, Director of Shree Mahavir Patwa Developers and Construction Pvt. Limited, having its head office at Vijay Nagar, Jari Mari, Kurla Andheri Road, Mumbai 400072

 

2^nd Address:- City Survey No.172, 173, 174, 17, 176, Mahavir Galaxi, Village Paygaon, Near Kharbao, Kaman Vasai Bhiwandi Road, Thane.

…. Opposite Parties.

 

 

 

BEFORE:		SMT.PRITI MALHOTRA,  PRESIDING MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-	Sh.Aman Sharma, Advocate for the complainant. OPs exparte.

 

 

PER B.M. SHARMA, MEMBER

 

                Briefly stated, the facts of case as alleged by the complainant are that being allured by the advertisements & representations made by the OPs, he applied to purchased 1 BHK Flat in Mahavir Galaxy, Village Paygaon, Near Kharban, Kaman Vasai Bhiwandi Road, thane.  Accordingly, the OPs agreed to sell a flat bearing No.101 Building No.C-2, Wing-2, 1^st Floor for a total sale consideration of Rs.5,05,600/-.  It is stated that initially the said flat was booked in the name of Sh.Babulal M. Bhanushali (Ref.No.339/1630), who had paid the earnest money/down payment of the flat amounting to Rs.1,41,120/- to the OPs.  Thereafter, the said flat was transferred in the name of complainant by the OPs on making payment of earnest money of Rs.1,41,120/- to Sh.Babulal M.Bhanushali (Ann.C-1).  The Opposite Parties also issued Allotment Letter dated 23.5.2013 in the name of complainant with regard the said flat vide Ann.C-2.  It is stated that the complainant paid another amount of Rs.7994/- to the OPs on 2.4.2014 through cheque vide receipt Ann.C-3.  After that, the complainant paid 24 installments of Rs.11,760/- to the OPs by way of cheques from 17.9.2013 to 17.3.20154 which were duly credited in the account of OPs as per Statement of Accounts (Ann.C-4 Colly).  In this way, the complainant had paid a total sum of Rs.4,31,354//- to the OPs out of total consideration amount of Rs.7,05,600/- .

         It is submitted that the complainant enquired and visited the office of OPs as well as the site of the flat and was surprised to see that there was no development at all and the OPs kept on giving false assurance to the complainant about the development and progress. It is also submitted that as there was no development at the site and there were no chances of getting the flat from the OPs despite paying substantial amount, as such, the complainant requested the OPs for refund of the amount paid, but to no result. Hence, this complaint has been preferred alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice causing loss & harassment to the complainant. 

 

2]       The Opposite Parties did not turn up despite service of notice through publication, hence they were proceeded ex parte vide order dated 7.10.2021.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the Counsel for the complainant and have gone through the documents on record.

 

5]       The whole evidence placed on record by the complainant corroborates the assertions set out in the present complaint. The allotment of flat in question in favour of the complainant as well as the payments of Rs.4,31,354/- so made by the complainant to OPs is well proved on record vide Ann.C-1 to c-4 (colly).  The complainant has duly proved the case by way of corroborative evidence and also filed duly sworn affidavit in support of the allegations set-out in the complaint, which goes unrebutted and unopposed in the absence of Opposite Party.

6]       It has also been observed that the OPs did not come forward to contradict the allegations set out in the present complaint despite being duly served through publication, meaning thereby that they admit the claim of the complainant. Therefore, the deficiency in service as well as unfair trade practice resorted to by OPs, is clearly established, which not only caused financial loss to the complainant, but also caused him immense harassment & mental agony.    

7]       In the light of above observations & findings, we are of the considered view that the deficiency in service and unfair trade practice on the part of OPs has been proved. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties. Accordingly, the complaint stands allowed against the OPs. The opposite parties, jointly and severally, directed as under:-

a)  To refund the entire amount of Rs.4,31,354/- to the complainant, along with interest @9% per annum from the respective dates of deposits till realisation;

b)  To pay a compository an amount of Rs.25,000/- to the complainant towards compensation for causing him mental agony & harassment and litigation expenses. 

         The above said order shall be complied with by the Opposite Parties jointly & severally within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional cost of Rs.15,000/- apart from the above awarded amount.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.   

Announced

1^st March, 2023                                                                      

                                                                                                Sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER