DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)
Consumer Complaint No.875 of 2018
Date of institution: 29.08.2018 Date of decision : 01.12.2021
Nishant Sharma S/o Ashwani Sharma , H.No. D-18, Improvement Trust Colony, Svehme No.-5, Jail Road, Gurdaspur.
…….Complainant
Versus
1.Siswan Paradise Pvt Limited, SCO No. 28,29,30, top floor Sector 9, Madhya Marg, Near Matka Chown, Chandigarh through its Director Mr.Shaife Kumar .
2.Siswan Paradise Pvt Limited, Village Mirzapur, District Mohali, Site Office through Manager.
……..Opposite Parties
Complaint under Consumer Protection Act.
Quorum: Shri Sanjiv Dutt Sharma, President.
Ms. Gagandeep Gosal, Member
Present: Shri Sahil Abhi, counsel for the complainant.
OPs ex-parte
Order dictated by :- Shri Sanjiv Dutt Sharma, President.
Order
The present complaint is filed under Consumer Protection Act, by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as ‘OPs’ for short), on the ground that Ops, developed a project on their land known as “Siswan Paradise”. CC with the intention to buy land for his personal use, entered into an sale agreement dated 16.02.2013 with the OPs. CC applied for 640 Sq yards land vide application no. 71927 in the project of the OPs who acknowledged the agreement dated 16.02.2013 by signing the same along with the CC. The total consideration amount was settled to the tune of Rs. 4,27,500/- and the same was paid to the OPs by the CC. The amount was paid through bank draft and through cheque. The receipts were also issued bearing no.SP-71927 dated 13.06.2012 and bearing No. SP/0021 dated 25.07.2012.
Vide agreement dated 16.02.2013 the OPs agreed to transfer all its rights and interest in land by selling the share of land measuring 640 Sq Yard in Siswan Project, and ensured to hand over the actual physical possession of the share of land measuring 640 Sq Yard before three years after meeting the statutory requirement and getting the due approvals . It was further agreed between the parties that in case the OPs are unable to hand over the actual physical possession of the land in question within the stipulated period of three years, the CC will be entitled to total refund along with interest @ 10 % P.A from the date of its deposit.
The grievance of the CC is that the OPs have failed to deliver the actual physical possession of the land in question to the CC and even time period has also lapsed on 15.02.2016. The Ops were supposed to deliver the possession of the land in question on or before 15.02.2016 which they have failed to do so and as such the CC suffered huge financial losses.
Thus, alleging deficiency in service on the part of the OPs, the CC has sought the following reliefs:
1. OP be directed to hand over the actual physical possession of the property after executing the sale deed in favour of the CC .
2.To refund the amount of Rs. 4,27,500/- towards full and final sale consideration of the share of land in question with interest @ 10% P.A
3.To pay Rs. 2,00,000/- as mental agony and harassment, Rs. 5 lacs being the escalation amount and Rs. 20,000/- as litigation expenses.
2. The OPs have chosen to remain ex-parte.
3. The CC in support of his complaint submitted his affidavit and documents Ex.C-1 to C-7.
4. We have heard Ld.counsel for the complainant and gone through the record minutely.
5. Since, the entire complaint and evidence submitted by the CC is unrebutted and uncontested, in such circumstances, we have no other alternative except to believe the contents of the complaint as well as documentary evidence submitted by the CC. It is proved on the file that CC entered into an agreement for the purchase of property measuring approximately 640 Sq Yards of land vide agreement dated 15.02.2016 Ex C-1 and paid the entire consideration amount to the OPs which comes to the tune of Rs.. 4,27,500/-. The payment receipts submitted by the CC are Ex C-2 to Ex C-5. It is also on the file that as per Ex C-1, the OP agreed to transfer all the rights and interest and to deliver the possession of the land in question to the CC on or before 15.02.2016, after meeting the statutory requirement and getting due approvals etc. It is mentioned in the agreement that in case of any failure on the part of the OPs , the OPs will refund the amount of Rs. 4,27,500/- along with interest @ 10 % P.A to the CC from the date of its deposit till the refund is made. It is writ large on the file that the OPs have failed to honour the agreement entered between the parties. It is also proved on the file that till date neither the physical possession of the land has been handed over nor any refund has been given. Even through OPs were duly served through publication but have chosen to remain ex-parte. We feel that deficiency in service as well as malpractice on the part of the OPs is proved on the file, since the Ops have not come forward to contest the claim of the CC. The documents submitted by the CC appear to be genuine, cogent and reliable and as such the compliant deserve to be allowed.
6. Accordingly, we allow this complaint and the OPs are directed to refund the amount of Rs. 4,27,500/- to the CC along with interest as agreed upon between the parties from the date of its deposit till the payment is made. OPs are further directed to pay a consolidated compensation to the tune of Rs. 50,000/- to the CC for mental and physical harassment. Free certified copies of this order be sent to the parties. File be indexed and consigned to record room.
Announced
December, 01,2021
(Sanjiv Dutt Sharma)
President
I agree.
(Ms. Gagandeep Gosal)
Member
