RAVINDER PAL SINGH Vs. ASHUTOSH GOYAL AND ORS

JUDGEMENT

(1.) THIS appeal is directed against the order dated 01.01.2009, rendered by the District Consumer Disputes Redressal Forum - I, U.T., Chandigarh (hereinafter to be called as the District Forum only) vide which, it accepted the complaint, and directed the Opposite Parties, as under: -

(2.) THE facts, in brief, are that the complainant (now respondent no.1), acting on the representations, made by the Opposite Parties, for the allotment of a flat, in their proposed housing project at Baddi (H.P), booked the same (flat), comprising 2 Bedrooms, One Hall, Kitchen and Bathrooms, by paying initial deposit of Rs.1.00 lac, vide cheque dated 25.10.2005, (infact 26.10.2005), Annexure C -1. Another sum of Rs.5.50 lacs was deposited, vide cheque dated 24.12.2005 (Annexure C -2), towards the balance payment of 50% of the price of the flat. Lateron, the complainant came to know, that no housing project had been allotted or approved, in favour of the Opposite Parties. He then approached the Opposite Parties, a number of times, with a view to ascertain, the status of their project, in which he booked the aforesaid flat, but to no avail. Ultimately, he sought refund, vide letter dated 02.05.2006 (Annexure C -3). After great persuasion, the Opposite Parties, agreed to pay Rs.6.50 lacs, alongwith interest, in lieu of the amount, deposited by the complainant. With a view to discharge their part liability, the Opposite Parties, issued a cheque dated 17.1.2007, in the sum of Rs.50,000/ -, drawn on the State Bank of Bikaner and Jaipur, Panchkula, in favour of the complainant. When the cheque was presented, through the banker, i.e. State Bank of India, Sector 20, Chandigarh, the same was dishonored, on account of insufficient funds, vide dishonor memo dated 25.01.2007 Annexure C -4. At the instance of the Opposite Parties, the complainant, again presented the said cheque on 11.7.2007, through his bankers, aforesaid. It was again returned, as the same stood dishonored, by the bankers of the Opposite Parties, on account of insufficient funds. Thereafter, Opposite Party No.2, on his behalf, and, on behalf of the remaining Opposite Parties, had issued a cheque dated 31.3.2007, drawn on the State Bank of India, Attawa, Chandigarh, amounting to Rs.6.50 lacs, towards the discharge of their joint and several liability, but when this cheque was presented for encashment on 11.7.2007, the same also stood dishonored, by the bankers of the Opposite Parties, on account of insufficient funds, in their account, vide memo dated 13.7.2007 Annexure C -8, alongwith which the cheque dated 31.03.2007 Annexure C -7, was attached. Faced with such a piquant situation, the complainant served a legal notice dated 13.8.2007, upon the Opposite Parties, to discharge their legal liability, and to make the payment, alongwith up -to -date interest, but to no avail. It was stated that the aforesaid acts of the Opposite Parties, amounted to deficiency, in rendering service, as also indulgence into unfair trade practice. It was further stated that the complainant, deposited his hard earned money, with the Opposite Parties, for the purchase of the flat aforesaid, but neither the possession of the same was delivered to him, nor the amount was refunded, as a result whereof, he underwent a lot of mental agony, physical harassment and suffered the monetary loss. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), for the refund of amount, deposited by him, alongwith interest and compensation, was filed.

(3.) DESPITE service, neither Opposite Party No.3, nor his duly authorized representative, put in appearance, as a result whereof, he was proceeded against ex -parte on 10.09.2008.