DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/77/2023
Date of Institution: 03.07.2023
Date of Decision: 05.12.2024
Jyoti Garg aged about 26 years daughter of Sh. Sushil Kumar resident of # 142, 22 Acre, Barnala Tehsil and District Barnala.
…Complainant
Versus
1. Acme Heights Infrastructure Pvt. Ltd., Acme Heights 92, Sector 92, Chappar Chiri, Mohali through its authorized signatory Pankaj Chhabra.
2. Pankaj Chhabra authorized signatory of Acme Heights Infrastructure Pvt. Ltd., Acme Heights 92, Sector 92, Chappar Chiri, Mohali.
3. Shivalik Properties and Developers Pvt. Ltd., Shivalik City, Sector-127, Sante Majra, Tehsil Kharar District S.A.S. Nagar, Pin-140301 through its authorized signatory.
…Opposite Parties
Complaint Under Section 35 of the Consumer Protection Act, 2019.
Present: Sh. S.K. Kotia Adv counsel for complainant.
Sh. Ashish Kumar Garg Adv counsel for opposite parties No. 1 & 2.
Opposite party No. 3 deleted.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Smt. Urmila Kumari: Member
3. Sh. Navdeep Kumar Garg: Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against Acme Heights Infrastructure Pvt. Ltd., Acme Heights 92, Sector 92, Chappar Chiri, Mohali through its authorized signatory Pankaj Chhabra & others (in short the opposite parties).
2. The facts leading to the present complaint are that the complainant wants to purchase a flat and the opposite parties approached the complainant and offered that they have launched flats at Acme Shivalik Heights, Sector-127 Mohali and requested the complainant to purchase the flat in the above said site. It is further alleged that the opposite parties offered that they are the absolute Owner of Property bearing Khasra No. 19//16(8-0) 17(8-0), 24(8-0), 25(8-0), 20//202(1-0), 21/1(0-15) total measuring 4.21875 acres situated at Shivalik City, Sector-127, Tehsil Kharar District S.A.S. Nagar. It is alleged that the opposite parties No. 1 & 2 are authorized by opposite party No. 3 to sale the flats, which are situated in the above said property. It is further alleged that on behalf of opposite party No. 3, opposite parities No. 1 and 2 agreed to sale the flat No. 617, Floor 6" Block 02 of Acme Shivalik Heights Sector 127 Mohali Punjab and allotted the above flat to the complainant and the opposite parties issued a Provisional Allotment Letter dated 06.04.2022 to the complainant. It is alleged that the opposite parties on the same date i.e. 06.04.2022 executed an Agreement to Sale with the complainant, which were duly signed by both the parties and as per the terms and conditions of the above said Agreement, the sale price of the above said flat was Rs. 59,50,000/- + GST Rs. 2,97,500/- total Rs. 62,47,500/-. The complainant had paid an amount of Rs. 56,14,657/- to the opposite parties in which amount of Rs. 17,79,073/- i.e Rs. 5,00,000/- on 04.04.2022, Rs. 50,000/- on 06.04.2022, Rs. 1,00,000/- on 27.04.2022, Rs. 2,00,000/- 04.07.2022, Rs. 2,85,000/- on 05.09.2022, Rs. 3,77,500/- on 27.4.2023 and Rs. 2,66,573/- deducted for the costs of floors etc. incurred by the complainant which is accepted by the opposite parties by way of mail dated 13.06.2023 had been paid by complainant through RTGS from State Bank of India, Branch Barnala and Rs. 38,35,584/- had paid by the complainant by way of loan out of sanctioned loan Rs. 47,35,000/-. It is further alleged that as per settlement in between the parties the remaining amount of Rs. 6,32,843 out of Rs. 62,47,843/- will be paid by the complainant at the time of execution of Sale Deed. It is alleged that as advised by the opposite parties the complainant paid the amount of Stamp Paper of Rs. 1,78,000/- on 24.03.2023 and the opposite parties purchased the Stamp Paper on 17.04.2023 through its authorized person Jatinder Singh son of Amrik Singh resident of Village Hussainpur District Rupnagar and the Stamp Paper are in the possession of opposite parties since the date of purchase. It is further alleged that the complainant number of times told the opposite parties to execute the sale deed in regard to above said flat but the opposite parties ignored the requests of complainant again and again without any reasonable reason and now the opposite parties demanded an amount of Rs. 1,33,875/- as an excess amount of Stamp duty from the complainant against law and facts. However, the stamps papers which were purchased of execution of sale deed were lying with the opposite parties since 24.03.2023. It is alleged that the complainant also incurred an amount of Rs. 2,66,573/- on flooring, wooden work, MS Boxes, Tile, Switch Plates & Switches, Almirah, False ceiling etc., as advised by the opposite parties, however as per agreement the opposite parties are bound to complete the above said work on the said flat of complainant. It is alleged that the demand of the opposite parties is against law and facts as the complainant is not bound to pay the more stamp duty as demanded by the opposite parties. It is alleged that the complainant already spent an amount of Rs. 1,00,000/- on the visit to the office of opposite parties for execution of sale deed but the opposite parties since 24.03.2023 is not to execute the sale deed on the one pretext to the another. As such, the act and conduct of the opposite parties comes within the definition of the unfair trade practice as well as deficiency in service. Hence, the present complaint is filed for seeking the following reliefs.-
- The opposite parties may be directed to execute the sale deed without pay the above said illegal amount of stamp duty and other charges.
- To pay an amount of Rs. 3,00,000/- for illegal mental and physical harassment to the complainant and Rs. 22,000/- as litigation expenses.
3. Upon notice of this complaint, the opposite parties No. 1 & 2 appeared and filed written version by taking legal objections on the grounds that the complainant has no cause of action to file the present complaint. The opposite parties have been dragged into unnecessary litigation and hence they are entitled for special costs of Rs. 20,000/-. The complaint is stopped by her own act and conduct. It is further alleged that a joint development agreement has been formally executed between opposite party No. 1 and opposite party No. 3.
4. On merits, it is admitted to the extent that the sale price of the flat in question was Rs. 62,47,500/- (Rs. 59,50,000/- actual price of the flat+ Rs. 2,97,500/- GST). It is further alleged that apart from the above stated price following mandatorily additional charges are also required to be paid by the purchaser.
a) Power backup charges (3 KVA) amounting to Rs. 90,000/- + GST.
b) Interest free Maintenance Security (IFMS) amounting to Rs. 20,000/- (Transferable) + GST.
c) Club Membership Charges of Rs. 50,000+GST.
d) Maintenance Charges Rs. 38700/-+GST.
It is further alleged that the remaining contents of this para regarding depositing of part payments of sale price of flat are admitted except Rs. 2,66,573/- was deducted for the costs of floor etc. On the hand the said amount of Rs. 2,66,573/- was finalized on 13.06.2023 i.e. after the withdrawal of concession upon stamp duty and registration charges by the Punjab Govt. and the same adjustable after completion of entire work as well as execution and registration of sale deed. It is further alleged that Rs. 8,99,375/-out of total sale price of the flat and Rs. 1,98,700/- + GST (Rs. 90,000/- + GST regarding Power Backup + Rs. 20,000/-+GST regarding IFMS +Rs. 50,000/- +GTS regarding membership fees) +Rs. 38700/-+GST regarding Maintenance Charges) is outstanding against the complainant. It is further alleged that as per clause 10 of agreement to sell dated 06.04.2022, sale deed was to be executed only after receipt of the entire amount of the price of apartment from the purchaser. In the present case, Rs. 8,99,375/- out of total sale price of the flat and Rs. 1,98,700/- (Rs. 90,000/- regarding Power Backup + Rs. 20,000/- regarding IFMS +Rs. 50,000/- regarding membership fees +Rs. 38700/- regarding Maintenance Charges) besides + GST are outstanding against the complainant, as such the sale deed could not be executed till the full and final settlement of above said dues by the complainant to the opposite party. It is absolutely wrong and hence denied that the complainant had paid an amount of stamp paper of Rs. 1,78,000/- to the opposite parties No.1 and 2 as advised by them. On the other hand, the complainant herself transferred Rs. 1,78,000/- to Punjab National Bank Branch DAC Sector 76, Mohali through NEFT from her account bearing No. 00000055153643018 at State Bank of India Branch Specialized Housing Finance, Mohali for purchasing the Electronic Stamp Duty. It is also wrong and hence denied that the said opposite parties purchased the stamp paper on 17.04.2023 through its authorized person Jatinder Singh son of Amrik Singh resident of Village Hussainpur, District Rupnagar. On the other hand, the complainant herself authorized Jatinder Singh son of Amrik Singh resident of Village Hussainpur, District Rupnagar to collect the stamp papers on her behalf for flat No. 617, 6th Floor, Acme Shivalik Heights Sector 127, Mohali vide letter dated nil in favour of Manager Bank, Sector-76, Mohali. It is alleged that the complainant assured the opposite parties that she will clear all the dues against her on or before 17.04.2023, the date fixed for execution/registration of the sale deed, but the complainant neither cleared all the dues nor turned up on the said date i.e. 17.04.2023, because of lack of sufficient funds with her. It is further alleged that the above said amount of Rs. 2,66,573/- was finalized on 13.06.2023 i.e. after withdrawal of concession upon stamp duty and registration charges by the Punjab Govt. Therefore, at the time of execution and registration of the sale deed an amount of Rs. 8,99,375/- out of total sale price of Flat and Rs. 1,98,700/- +GST (Rs. 90,000/- + GST regarding Power Backup + Rs. 20,000/-+GST regarding IFMS +Rs. 50,000/-+GTS regarding membership fees) +Rs. 38,700/-+GST regarding Maintenance Charges) is outstanding against the complainant. It is alleged that the opposite parties legally and rightly demanded an amount of Rs. 1,33,875/- as additional the stamp duty as the same was enhanced by the Punjab Govt. after 15.05.2023. It is further alleged that before 1st march 2023, the stamp duty on the execution of sale deed was 4% and registration charges was 2.25% for females, but the Punjab Govt. gave the concession after 1st march 2023 and the rates regarding stamp duty was reduced from 4% to 3% and registration charges was reduced from 2.25% to 1%. It is alleged that the said concession was till 15.05.2023 and the said concession was withdrawn by the Government w.e.f. 16.05.2023, as such stamp duty and registration fee which was payable before 1st March 2023 i.e. 4% & 2.25% respectively become payable w.e.f. 16.05.2023. It is absolutely wrong and hence denied that the complainant number of times told the opposite parties to execute the sale deed in her favour. It is further alleged that the sale deed could not be executed on 17.04.2023 as the complainant had not sufficient funds to clear all the outstanding dues. All other allegations are denied and prayed for the dismissal of complaint.
5. The opposite party No. 3 was deleted from the arena of opposite parties vide order dated 22.12.2023.
6. The complainant tendered into evidence copy of allotment letter as Ex.C-1, copy of agreement of sale as Ex.C-2 (containing 20 pages), copy of receipts are Ex.C-3 to C-8, copy of Final Certificate for the financial year as Ex.C-9, copy of Email as Ex.C-10, copy of statement of account as Ex.C-11, affidavit of complainant as Ex.C-12, copy of account details as Ex.C-13, copy of receipt dated 2.5.22 as Ex.C-14, copy of receipt dated 8.9.22 as Ex.C-15, copy of Email regarding Rs 2,66,573/- as Ex.C-16 (10 pages), copy of statement of account dated 24.3.2023 as Ex.C-17, copy of stamp paper purchased by Jatinder Singh as Ex.C-18, copy of receipt as Ex.C-19, copy of agreement as Ex.C-20, copies of Gazette Notifications are Ex.C-21 to C-24, copies of IDBI Bank Statement as Ex.C-25 & C-26 and closed the evidence.
7. The opposite parties tendered into evidence copy of plan of payment Ex.O.P1.2/1, copy of schedule payment Ex.O.P1.2/2, copy of authority letter by Jyoti Garg Ex.O.P1.2/3, affidavit of Pankaj Chhabra Ex.O.P1.2/4 and closed the evidence.
8. We have heard the learned counsel for the parties and have gone through the record on the file. Written arguments filed by the parties.
9. Ld. Counsel for the complainant argued that the opposite parties agreed to sale the flat No. 617, Floor 6" Block 02 of Acme Shivalik Heights Sector 127 Mohali Punjab and allotted the above flat to the complainant and the opposite parties issued a Provisional Allotment Letter dated 06.04.2022 to the complainant. The Ld. Counsel for the complainant further argued that as per settlement between the parties the total consideration amount is Rs. 62,47,843/- and the complainant had paid the entire amount except Rs. 6,32,843/- which shall be paid at the time of sale execution. The Ld. Counsel for the complainant further argued that on the advice of opposite parties the complainant paid the amount of Stamp Paper of Rs. 1,78,000/- on 24.03.2023 and the opposite parties purchased the Stamp Paper on 17.04.2023 through its authorized person Jatinder Singh son of Amrik Singh and the Stamp Paper are in the possession of opposite parties since the date of purchase. Ld. Counsel for the complainant further argued that the complainant number of times told the opposite parties to execute the sale deed but the opposite parties ignored the requests of complainant again and again without any reasonable reason. Ld. Counsel for the complainant further argued that now the opposite parties demanded an amount of Rs. 1,33,875/- as an excess amount of Stamp duty from the complainant which is against law and facts. Ld. Counsel for the complainant further argued that the complainant also incurred an amount of Rs. 2,66,573/- on flooring, wooden work, MS Boxes, Tile, Switch Plates & Switches, Almirah, False ceiling etc., as advised by the opposite parties, however as per agreement the opposite parties are bound to complete the above said work on the said flat of complainant.
10. On the other hand, the opposite parties admitted that the sale price of flat is Rs. 62,47,500/-. Ld. Counsel for the opposite parties further argued that Rs. 8,99,375/-out of total sale price of the flat and Rs. 1,98,700/- + GST (Rs. 90,000/- + GST regarding Power Backup + Rs. 20,000/-+GST regarding IFMS +Rs. 50,000/- +GTS regarding membership fees) +Rs. 38700/-+GST regarding Maintenance Charges) is outstanding against the complainant. Ld. Counsel for the opposite parties admitting during the arguments that stamp paper of Rs. 1,78,000/- are lying with the opposite parties. Ld. Counsel for the opposite parties further argued that an amount of Rs. 2,66,573/- was finalized on 13.06.2023 i.e. after withdrawal of concession upon stamp duty and registration charges by the Punjab Govt. Ld. Counsel for the opposite parties further argued that the opposite parties legally and rightly demanded an amount of Rs. 1,33,875/- as additional the stamp duty as the same was enhanced by the Punjab Govt. after 15.05.2023. Ld. Counsel for the opposite parties further argued that before 1st March 2023 the stamp duty on the execution of sale deed was 4% and registration charges was 2.25% for females, but the Punjab Govt. gave the concession after 1st March 2023 and the rates regarding stamp duty was reduced from 4% to 3% and registration charges was reduced from 2.25% to 1% and the said concession was till 15.05.2023 and the said concession was withdrawn by the Government w.e.f. 16.05.2023, as such stamp duty and registration fee which was payable before 1st March 2023 i.e. 4% & 2.25% respectively become payable w.e.f. 16.05.2023. Ld. Counsel for the opposite parties further argued that as per clause 10 of agreement to sell dated 6.4.2022, sale deed was to be executed only after receipt of the entire amount of the price of flat alongwith other charges. Ld. Counsel for the opposite parties further argued that the sale deed could not be executed on 17.04.2023 as the complainant had not sufficient funds to clear all the outstanding dues.
11. The complainant has produced the statement Ex.C-11 vide which it established that the complainant has transferred Rs. 1,78,500 for E stamping collection on 24.3.2023. The complainant has taken loan for purchasing the above said flat in question. The complainant also produced the statement of account of IDBI Bank vide which it established the sufficient amount lying in her account. The complainant also produced email Ex.C-10 which was sent by the opposite parties to the complainant in which the opposite parties adjusted an amount of Rs. 2,66,573/- on account of expenditure.
12. The complainant sought only relief in the complaint that the opposite party may be directed to execute the sale deed without taking the enhanced amount of stamp duty and other charges. The complainant nowhere alleged that the entire consideration amount has been paid by the complainant to the opposite parties. It established that the sale consideration amount due against the complainant. On the agreed date of sale deed the balance consideration amount was lying in the loan account of the complainant. It established that the opposite parties have already received an amount of Rs. 1,78,500/- on account of stamp duty for execution of sale deed despite that the opposite parties have not executed the sale deed which is clear cut deficiency in service on the part of the opposite parties.
13. We are of the view that by not executing the sale deed despite receiving the stamp papers amount, is clear cut deficiency in service and unfair trade practice on the part of the opposite parties. Therefore, the present complaint is partly allowed and the opposite parties are directed to execute the sale deed in favour of the complainant. The opposite parties are further directed not to demand an amount of Rs. 1,33,875/- on account of additional stamp duty. However, the complainant is directed to pay the balance sale consideration amount after deducting an amount of Rs. 2,66,573/- which was incurred by the complainant. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
5th Day of December, 2024
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
(Navdeep Kumar Garg)
Member
