KWALITY COLONISERS PRIVATE LTD. Vs. SUNITA BALI

JUDGEMENT

(1.) Appellant/Opposite Party No.2 has filed the present appeal against order dated 29.4.2014, passed by State Consumer Disputes Redressal Commission, UT Chandigarh (for short, 'State Commission') vide which complaint of Respondent no.1/Complainant was partly allowed.

(2.) Brief facts are that Respondent no.1 being M.A. B.Ed, having a vast experience of 20 years in teaching line, wanted to start her own work, to get some regular income. She planned to start English Speaking Course, Coaching Institute and Career Consultancy Course, to earn her livelihood, by way of self-employment. Accordingly, she booked shop number/unit, i.e. SF-33, measuring super area 646.76 square feet, Second Floor, Radisson Hotel-cum-Commercial Tower, Zirakpur, by paying the amount of Rs.10 lacs to Respondent No.3/Opposite Party No.3 on 04.10.2010. The total price of the said unit was Rs.35,24,842/-. Respondent no.1 paid another amount of Rs.14,74,438/- i.e. Rs.3,74,438/- by cheque and Rs.11,00,000/- in cash on 04.11.2010 to Respondent no.2/Opposite Party No.1. Allotment letter dated 04.11.2010, was issued in favour of Respondent no.1. BuyerRs. s Agreement was also executed between Respondent no.1 and Appellant and Respondent no.2, in November, 2010. In this manner, Respondent no.1 paid an amount of Rs.24,74,438/-, towards, the part price of unit. Benefit of sum of Rs.6,97,920/-on account of return @11% P.A., for the period of 2 years, as per Clause 4 of the said Agreement, was credited to her account. The total amount came to be Rs31,72,358/- 90% of sale price of the unit. The possession of the unit in question, was to be delivered to Respondent no.1, by November, 2011. The remaining price of Rs.3,52,484/-, was to be paid, at the time of delivery of possession by November, 2011. However, possession was not delivered to the Respondent no.1, by Appellant and Respondent no.2, by November 2011.

(3.) Respondent no.1 visited the site and found that the work had been stopped in between. She sent a registered letter dated 03.09.2013, for refund of the amount, whereupon she received letter dated 11.09.2013 from the Appellant, vide which she was informed that it had given a notice, in the newspapers, with regard to dealings with Respondent no.2. Though more than 3 years had lapsed, from the stipulated date of handing over possession of the unit, yet the same was neither delivered, nor the refund of amount was made to her. Due to these acts of omission and commission, on the part of the appellant and respondent no.2,the respondent no.1 suffered a lot of mental agony and physical harassment. Further, the aforesaid acts amount to deficiency,in rendering service, as also indulgence into unfair trade practice. When grievance of Respondent no.1 was not redressed, she filed a consumer complaint praying for refund of the amount of Rs.31,73,358/- (infact Rs.31,72,358), alongwith interest @12% P.A., from the respective dates of deposits, till realization; compensation, to the tune of Rs.5 lacs for deficiency in rendering service, adoption of unfair trade practice, mental agony and physical harassment; and cost of litigation, to the tune of Rs.55,000/-.