DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH Consumer Complaint No. : CC/41/2018 Date of Institution : 18/01/2018 Date of Decision : 10/08/2018 1] son of Harbans SinghGurpreet Singh 2] wife of Gurpreet SinghRajwant Kaur Both residents of House No.303, Phase-6, S.A.S. Nagar, Mohali. ..Complainants V E R S U S , Corp. Office: SCO 46-47, First Floor, Sector 9-D, Near MattkaEmerging Valley Pvt. Limited Chowk, Madha Marg, Chandigarh 160009, through its Managing Director. Opposite Party QUORUM: RATTAN SINGH THAKUR PRESIDENT SURJEET KAUR MEMBER SURESH KUMAR SARDANA MEMBER ARGUED BY : Sh. Tarurag Gaur, Counsel for Complainants. : Sh. Harmandeep Singh, Auth. Repr. of OP. Per Surjeet Kaur, Member. The facts, in brief, are that the complainants to earn their livelihood booked a Showroom Space EW/SS-250/SF/225 total area 250 Sq. ft. on 22.03.2013 in the upcoming project of the Opposite Party named Emerging World located at Emerging Valley, Landran-Banur Road, Mohali, having total cost of Rs.9,73,750/-. In all, the complainants paid total amount of Rs.8,27,626/- to the Opposite Party on various dates vide receipts (Annexure C-1 to C-6). The possession of the property was to be delivered by the Opposite Parties on or before 31.03.2016 as per Annexure C-7. However, in June 2015, the Complainants found that no construction was there at the site and the area is lying vacant, they sought refund of their money, along with interest. On refusal of the Opposite Parties to entertain their request, the Complainants got served a legal notice dated 16.06.2016 upon the Opposite Party, which was neither replied nor the Opposite Parties made the payment (Annexure C-8). Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainants have filed the instant complaint. Notice of the complaint was sent to Opposite Party seeking its version of the case. However, despite availing a number of opportunities for filing reply and evidence, the Opposite Party failed to do so and therefore vide order dated 07.06.2018 the defence of Opposite Party was ordered to be struck off. The complainants led evidence in support of their contentions. We have gone through the record and heard the arguments addressed by the learned Counsel for the complainants and Authorized Representative of Opposite Party. In the present case, the averments of the complaints have gone unrebutted in the absence of any written version on behalf of the Opposite Party. It is established beyond all reasonable doubt that the complaint of the Complainants is genuine. The Opposite Party has certainly and definitely indulged into unfair trade practice by not refunding the deposited amount of Rs.8,27,626/- to the Complainants and as such, they cannot be allowed to usurp their hard earned money. The harassment suffered by the Complainants is also writ large. The Opposite Party even did not bother to refund the amount paid by the Complainants despite their repeated endeavors, followed by legal notice dated 16.06.2016 (Annexure C-8). The Opposite Party has utilized the amount deposited by the complainants for its use and must have got appreciation on the same. Hence, there is deficiency in service on the part of the Opposite Party and it is liable to refund the deposited amount to the Complainants, along with interest and compensation. Sd/- Sd/- Sd/- 10/08/2018 [Suresh Kumar Sardana] [Surjeet Kaur] [Rattan Singh Thakur] Member Member President Dutt In the light of above observations, the present complaint succeeds against the Opposite Party. The same is allowed qua it. We direct the Opposite Party as under:- To refund the deposited amount of Rs.8,27,626/- to the Complainants along with interest @9% p.a. from the date of deposit(s), till realization.
(ii) To pay Rs.50,000/- as compensation to the complainants for the unfair trade practice and harassment caused to them.
(iii) To also pay a sum of Rs.10,000/- to the complainants as litigation expenses. The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, it shall be liable for an interest @12% per annum on the amount mentioned in sub-para [i] above from the date of deposit(s), till it is paid. The compensation amount as per sub-para [ii] above, shall carry interest @12% per annum from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [iii] The certified copy of this order be sent to the parties free of charge, after which the file be consigned.