ROMESH GARG Vs. M/S. SKYROCK CITY

JUDGEMENT

(1.) This First Appeal no.560 of 2015 has been filed against the impugned order dated 29.4.2015, passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as the 'State Commission') in Consumer Complaint No.51 of 2014, vide which, the said complaint was ordered to be dismissed.

(2.) Briefly stated, the facts of the case are that the respondent/opposite party, M/s. Sky Rock City Welfare Society published an advertisement in the newspapers about the launch of their housing project in Sector -111 -112, Mohali. The complainant purchased a residential plot, measuring 500 sq. yards in the said project with a total sale consideration of Rs.45,00,000/ -. The complainant visited their authorized sale associates, namely, Karnal Properties and paid Rs.5,000/ - towards membership fee of the Society vide receipt dated 6.6.2011. He also paid a sum of Rs.4.5 lakhs on 6.6.2011 as 10% of the total amount of the plot in question. The complainant was made to fill up the application form for membership on 12.6.2011 for the purchase of the said plot. Thereafter, the OPs paid advance amount as asked for by the OPs and he paid a sum of Rs.37,35,000/ - in total. However, the OPs failed to issue him the allotment letter, or to provide the terms and conditions even after receiving 80% of the value of the plot. The complainant filed the consumer complaint in question, seeking refund of the amount of Rs.37,35,000/ - alongwith interest @ 18% from the date of deposit till realization , besides Rs.5 lakhs as compensation for mental harassment and Rs.5,500/ - as cost of litigation.

(3.) The complaint was contested by the OPs, by filing a written statement before the State Commission, saying that this was a case of sale simpliciter of land and hence, there was no deficiency in service on the part of the OPs. The stand of the OPs is that as per the terms and conditions, the entire amount could be refunded with interest @ 8% per annum after three years from the date of requisition, which was 6.1.2014 in this case. It was also stated that the Society was in the process of making allotment of plots to eligible members, who had paid 90% of the money in total and that the development of the site was in progress. The OP further stated that the condition with regard to refund with interest was incorporated, as it was agreed to by all the members. All necessary papers and share certificates were handed over to the complainant on 9.4.2012. It was also stated that the complainant had paid a sum of Rs.33,75,000/ - and refund could be made as per the terms and conditions only.