The court emphasized that complaints involving simple issues that can be decided in summary proceedings should not be relegated to the Civil Court.

ORDER

Mr. Justice Gurdev Singh, President—The appellant/complainant, Avtar Singh, has preferred this appeal the order dated 29.2.2016 passed by the District Consumer Disputes Redressal Forum, Ferozepur (in short, 'District Forum'), vide which the complaint filed by him under Section 12 of the Consumer Protection Act, 1986 (in short, 'the Act') for issuance of following directions to the respondent/opposite party :

(i) to refund the booking amount of Rs. 5,00,000/-, along with compound interest at the rate of 13%;

(ii) to pay Rs. 50,000/-, as compensation on account of unfair trade practise and deficiency in service; and

(iii) to pay Rs. 11,000/-, as litigation expenses, was dismissed, as not maintainable before it.

2. The complainant alleged, in his complaint, that in the month of October 2011 Sikander Singh of Patiala, agent of the opposite party, approached him and disclosed that it was well known Colonizers dealing in the business of construction of flats and was going to carve out a new residential colony in Village Badinagali, Tehsil Mukerian, District Hoshiarpur in 1200 acres of land at cheaper rates and that the colony would be approved by the Government and it would provide all the world class modern amenities. That agent further made an offer on behalf of the opposite party to sell the plot of 4000 square yards for Rs. 5,00,000/- only and disclosed that the same could be booked by paying 25% of the basic price and the remaining amount would be payable in equal instalments. He was allured by that offer and booked plot of 4000 square yards and paid Rs. 1,25,000/- to that agent, regarding which receipt No.29614/728359 dated 24.11.2011 was issued. Thereafter he was issued offer letter, along with registration letter and Agreement to Sell dated 30.11.2011, in which the size of the plot, khasra number and location was mentioned. In the offer letter it was mentioned that the dimensions and directions will be explained after mapping, in the next letter, after 11 months of the issuance of the Agreement to Sell. As per that Agreement Plot ID was 10019851 and all the terms and conditions were contained therein. He did not receive any letter to that effect upto October 2012. When he enquired from the agent about the development of the colony, he was told that the opposite party had not got the approval from the Government and, as and when the approval would be received and other formalities would be completed, the plot number shall be issued to him. Thereafter, he paid three more instalments of Rs. 1,25,000/-, each, vide receipts dated 12.11.2012, 19.2.2014 and 4.7.2014. After the payment of the total amount he again approached the opposite party as well as its agent for the allotment of plot number as per the offer but they put off the matter on one pretext or the other. In the month of October 2014 he came to know that the said agent had got booked a number of plots in the colony and none of the persons, who got booked the plots, got the plot number. Thereafter he visited the proposed site and was shocked to know that the opposite party was not the owner of the property and there was no construction/demarcation of plots in the land. The same was lying vacant and there was not even the boundary wall. He came to know that the opposite party and its agent with the ulterior motive allured the innocent persons and collected hundreds of Crores rupees under the garb of selling plots in that locality and that none of those persons was allotted any plot number or dimensions etc. After coming to know about that unfair trade practise of the opposite party he immediately approached it and asked for the refund of his amount along with interest. As per the Agreement itself, in case he did not want to get the sale deed registered regarding the plot he was entitled to the refund of his amount along with interest at the rate of 13% per annum with compounded growth. The non-allotting of the plot and non-refund of the amount, so paid by him, amounts t