STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

1. Manoj Kumar s/o Balbahader Residents of House No.: C/303, Sector-70, Ivory Tower Block-C, Mohali. Now presently resident of House no. 234/7, Acme Heights -II, Sector 117 Kharar, Mohali.
2. Nisha Verma w/o Manoj Kumar s/o Balbahader Residents of House No.: C/303, Sector-70, Ivory Tower Block-C, Mohali.

Now presently resident of House no. 234/7, Acme Heights-II, Sector 117 Kharar, Mohali

……Complainants

V e r s u s

M/s Poineer High Grade Homes Pvt. Limited, Regd. Office SCO 188-190, Level-II, Sector 34-A, Chandigarh. Through its Directors

(i) Pankaj Chabra r/o Ravinder Nath R/o H.No 14, Sector 16,  Panchkula.

(ii) Ajay Ahuja s/o Sudarshan Ahuja r/o H.No.1786, Phase 3B-2 Mohali.

(iii) Mohan Singh s/o Harbans Lal r/o H.No.2363, Phase 10 Mohali

.... Opposite Party

BEFORE:    JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT.

                   MR. RAJESH K. ARYA, MEMBER.

Present through Video Conferencing:-

                   Sh.G.S. Sidhu, Proxy Advocate for Sh.A.P. Kaushal, Advocate                   for the complainants.

                   Opposite party exparte vide order dated 20.01.2020

PER JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                   The complainants, who are husband and wife respectively, have filed this complaint seeking refund of the amount paid to the opposite party towards purchase of unit bearing no.234, Block B-2, 7^th floor, measuring 1928 square feet, in its project named “Acme Heights Extn. II”, Sector 117, Greater Mohali, Punjab. It is the case of the complainants that the opposite party committed that the complainants will be provided pent-house but later on it came to their knowledge that the company was not legally authorized to construct pent-house. It has been further stated that sale deed was got executed in respect of the unit measuring 1928 square feet, whereas, on the other hand, the opposite party has received amount for a unit measuring 2234 square feet. It has been averred that possession of the unit in question was offered vide letter dated 26.09.2017 Annexure C-4 in the absence of occupation and completion certificates and also the basic amenities like water, electricity, proper roads, power backup, club house etc. It has been further stated that even the quality of construction of the unit is very poor, as it suffered from seepage and cracks; all the wooden and tile work done in the kitchen and rooms is defective; walls of the unit are not properly plastered; stilt parking is not provided and that there are other major deficiencies in the unit in question. It has been submitted that the complainants approached the opposite party number of times with a request to refund the amount paid and also wrote letters for the period from 12.08.2017 to 23.02.2019, Annexure C-6 colly., but to no avail. Hence this complaint has been filed seeking refund of the amount paid alongwith interest, compensation and litigation expenses.

2.           As per report made by the office, notice sent to the opposite party through registered A.D. post on 10.01.2020 was served on its second address. However, despite service, none put in appearance on behalf of the opposite party, as a result whereof, it was proceeded against exparte on 20.01.2020.
3.           The complainants led evidence in support of their case.
4.           We have heard Counsel for the complainants and have gone through the evidence and record of the case, very carefully.
5.           Perusal of apartment buyers’ agreement dated 22.05.2017, Annexure C-1 reveals that unit bearing no.234, 7^th Floor, B-2, measuring 1928 square feet with one car parking was sold to the complainants, for an amount of Rs.56.50 lacs. It is further evident from the record that payment receipt dated 22.05.2017 in the sum of Rs.11,30,000/- and 29.05.2017 in the sum of Rs.42,17,500/-, Annexure C-5 colly.